Citation Nr: 21068199
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 18-52 391
DATE: November 9, 2021

ORDER

The appeal as to the issue of entitlement to service connection for sleep apnea is dismissed.

The appeal as to the issue of entitlement to service connection for prostate hypertrophy is dismissed.

The appeal as to the issue of entitlement to an initial rating in excess of 70 percent for major depressive disorder is dismissed.

FINDING OF FACT

On October 5, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and associated hearing request; hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D.M. Badaczewski, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.