Citation Nr: 21063572
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 15-31 485
DATE: October 14, 2021

ORDER

Entitlement to service connection for sleep apnea, to include as secondary to service-connected asthma is dismissed.

Entitlement to service connection for an acquired psychiatric disorder, to include depression and posttraumatic stress disorder (PTSD), with alcohol dependence, is dismissed.

Entitlement to an initial, compensable disability rating for bilateral hearing loss is, dismissed.

FINDING OF FACT

In June 2021, prior to the promulgation of a decision, the Veteran withdrew his three claims on appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for sleep apnea, to include as secondary to service-connected asthma have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to service connection for an acquired psychiatric disorder, to include depression and PTSD, with alcohol dependence have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of entitlement to an initial compensable disability rating for bilateral hearing loss 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 July 1992.

This case comes before the Board of Veterans' Appeals (Board) on appeal of January 2013, May 2015, September 2015 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this case in May 2019.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. Id.

In a June 2021 VA 27-0820 Report of General Information, the Veteran stated that his twin brother placed a Board appeal with a docket number 1531485 (this case) and that there should be no appeals at all. 

In the present case, the Veteran has withdrawn the issues of (1) entitlement to service connection for sleep apnea, to include as secondary to service-connected asthma, (2) entitlement to service connection for an acquired psychiatric disorder, and (3) entitlement to an initial, compensable disability rating for bilateral hearing loss. The withdrawal was made in a June 2021 VA 27-0820 Report of General Information. This request reflects that the withdrawal was explicit, unambiguous, and done with full understanding of the consequences. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see Acree v. O'Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018). Since there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal, and it is dismissed. 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Hetman

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.