Citation Nr: 21068561
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 14-20 748A
DATE: November 10, 2021

ORDER

The appeal for entitlement to service connection for obstructive sleep apnea is dismissed.  

FINDING OF FACT

On October 16, 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Appellant through her authorized representative, which indicated that a withdrawal of the issue on appeal is requested.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Appellant and her authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

 

REASONS AND BASES FOR FINDING AND CONCLUSION

Preliminary Matters

The Veteran had honorable active duty service with the United States Navy from June 1969 to March 1973.  The Veteran passed away in March 2015.  The Veteran's surviving spouse was substituted as the Appellant in the present matter.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In February 2019, the Board, in pertinent part, remanded the issue on appeal for further development.  The issue has returned to the Board.  

 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, by way of an October 2020 correspondence, the Appellant, through her representative, withdrew this appeal and, 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.  

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.