Citation Nr: 21003913
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 18-39 161
DATE: January 25, 2021

ORDER

Service connection for a traumatic brain injury (TBI) is dismissed.

Whether new and material evidence has been submitted to reopen a claim for service connection for sleep apnea is dismissed.

FINDING OF FACT

In October 2019, the Veteran’s representative submitted a signed statement requesting to withdraw the Veteran’s claims for service connection for sleep apnea and service connection for a TBI.

CONCLUSIONS OF LAW

1. The appeal of the claim for service connection for a TBI has been withdrawn.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

2. The appeal of the claim to reopen a claim of service connection for sleep apnea has been withdrawn.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from September 1993 to December 2003 and from February 2004 to July 2004.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision that denied entitlement to service connection for a TBI, denied a petition to reopen a claim for service connection for sleep apnea, and denied entitlement to increased ratings for PTSD and left shoulder rotator cuff syndrome.  The Veteran submitted a notice of disagreement in September 2016, and a Statement of the Case was issued in May 2018.  In July 2018, the Veteran submitted a substantive appeal indicating that he was only appealing the issues of service connection for sleep apnea and a TBI.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by their authorized representative.  38 C.F.R. § 20.204.

In October 2019 and again in December 2019, the Veteran’s representative submitted a signed statement requesting to withdraw the Veteran’s claims for service connection for sleep apnea and service connection for a TBI.  Accordingly, there remain no allegations of errors of fact or law for appellate consideration with regard to these issues.  The Board does not have jurisdiction to review these issues, and dismissal is warranted.

 

P. M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Buck Denton

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.