Citation Nr: 21065122 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 17-44 038 DATE: October 25, 2021 ORDER The appeal with respect to entitlement to a rating in excess of 20 percent for cervical strain is dismissed. The appeal with respect to entitlement to a rating in excess of 10 percent for thoracolumbar strain is dismissed. The appeal with respect to entitlement to a rating in excess of 50 percent for obstructive sleep apnea is dismissed. The appeal with respect to entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) with alcohol use disorder prior to October 21, 2016 is dismissed. The appeal with respect to entitlement to service connection for traumatic brain injury, to include as secondary to service-connected PTSD, is dismissed. FINDING OF FACT By correspondence received in September 2021, prior to the promulgation of an appellate decision, the Board received notification from the Veteran, through his representative, that he wished to withdraw the present appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran (or his authorized representative) 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 in the United States Navy from November 2001 to September 2012. These matters come to the Board of Veterans' Appeals (Board) on appeal from December 2015 and January 2016 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office in Los Angeles, California. During the pendency of the appeal, by a rating decision in July 2017, the agency of original jurisdiction increased the rating for the Veteran's PTSD from 30 to 100 percent, effective October 21, 2016. That decision also granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation at the housebound rate, each effective from July 24, 2015. Dismissal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and 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. By correspondence received in September 2021, prior to the promulgation of an appellate decision, the Veteran, through his representative, notified the Board that he wished to withdraw his open appeals. The correspondence included the Veteran's name, his VA file number, and a statement that the appeal was being withdrawn in its entirety. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied. As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Kettler, 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.