Citation Nr: 21065358
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 18-00 293A
DATE: October 26, 2021

ORDER

The appeals seeking entitlement to service connection for unspecified anxiety disorder and entitlement to service connection for sleep apnea are dismissed.

FINDING OF FACT

In a September 2021 written communication, prior to the promulgation of a decision in these appeals, the Veteran stated that he wished to withdraw his appeals for service connection for unspecified anxiety disorder and sleep apnea. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeals seeking entitlement to service connection for unspecified anxiety disorder and entitlement to service connection for sleep apnea have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1968 to January 1971.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  In his December 2017 VA Form 9, the Veteran requested to appear at a hearing.  However, as discussed below, the Veteran subsequently sent correspondence in September 2021 indicating that he wished to withdraw his appeals.  

Withdrawal of Appeals

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, in a September 2021 written communication, prior to the promulgation of a decision in these appeals, the Veteran stated that he wished to withdraw his appeals for service connection for unspecified anxiety disorder and sleep apnea.  The written communication contained the name of the Veteran, the VA docket number, a statement indicating that the appeals under the VA docket number were withdrawn, and was signed by the Veteran.  Accordingly, as the Veteran has withdrawn the appeals for service connection for unspecified anxiety disorder and sleep apnea, there remain no allegations of errors of fact or law for appellate consideration.  As such, the Board does not have jurisdiction to review the appeals and they are dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bonnie Yoon, 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.