Citation Nr: 21061608
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 17-58 961
DATE: October 4, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In an August 2021 written statement, prior to the promulgation of a decision, the Veteran withdrew his appeal.

CONCLUSION OF LAW

The criteria for a withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1964 to January 1969. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. 

In October 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. 

In January 2021, the Board remanded the case for additional development and it now returns for further appellate review.

Entitlement to service connection for obstructive sleep apnea, to include as due to exposure to herbicides.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  

For withdrawals not made on the record at a Board hearing, such must be in writing and include (1) the name of the appellant, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.; Hembree v. Wilkie, 33 Vet. App. 1 (2020). 

In the instant case, following the issuance of rating decisions issued in March 2021, May 2021, July 2021, and August 2021, which ultimately awarded a 100 percent schedular rating as of July 30, 2019, and special monthly compensation at the housebound rate as of March 25, 2021, and an August 2021 supplemental statement of the case that addressed the above captioned issue, and prior to the promulgation of a decision in the appeal, the Veteran submitted an "Appeals Satisfaction Notice" in which he indicated that "by signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent... Supplemental Statement of the Case." The notice further stated that, "based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal." Such statement was in writing, authored by the Veteran, included the correct file number, and explicitly identified the issues to be withdrawn. Therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Breckenridge

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.