Citation Nr: 21003313 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 13-33 290 DATE: January 21, 2021 ORDER Entitlement to service connection for a sleep disorder, to include as secondary to service-connected posttraumatic stress disorder (PTSD), is dismissed. Entitlement to service connection for hypertension, to include as secondary to service-connected PTSD, is dismissed. Entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) is dismissed. FINDING OF FACT On September 29, 2020, prior to the promulgation of a decision in this appeal, the Board received notification from the appellant that a withdrawal of the issues of entitlement to service connection for a sleep disorder and hypertension, as well as a TDIU, and does not want to continue this appeal to the Board of Veterans’ Appeals. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal of the issue of entitlement to service connection for a sleep disorder, to include as secondary to service-connected PTSD, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of an appeal for the issue of entitlement to service connection for hypertension, to include as secondary to service-connected PTSD, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of an appeal for the issue of entitlement to a TDIU have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from September 1988 to September 1992 and in the United States Marine Corps Reserve from September 1992 to September 1996. This matter comes before the Board on appeal from rating decisions issued in February 2010 and May 2011 by the Department of Veterans Affairs (VA) regional offices (ROs) located, respectively, in St. Louis, Missouri, and Decatur, Georgia. The Board notes that a video conference was scheduled for the Veteran on December 1, 2017, but the Veteran did not attend the hearing or request in advance that it be continued and he has not since requested another hearing or advised VA of any reasons for his failure to appear for the hearing. Under these circumstances, his hearing request is considered withdrawn. 38 C.F.R. § 20.704(d). Service Connection 1. Entitlement to service connection for a sleep disorder, to include as secondary to service-connected posttraumatic stress disorder (PTSD) 2. Entitlement to service connection for hypertension, to include as secondary to service-connected PTSD 3. Entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In the present case, the appellant has withdrawn this appeal and hence, there remain no allegations of errors of fact or law for appellate consideration. Specifically, when called on September 29, 2020 regarding the September 10, 2020 Supplemental Statement of the Case, the Veteran stated that he has no desire to continue his appeal and wants to withdraw it. The Board finds the Veteran has clearly stated his intent to withdraw the issues on appeal. The Board notes that despite the fact that the Veteran was told that the withdrawal must be in writing, pertinent law does not contain any such requirement. 38 C.F.R. § 19.55. Accordingly, the Board finds that it does not have jurisdiction to review the appeal, and it is therefore dismissed. Tiffany Dawson Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Banks, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.