Citation Nr: 21068620
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 18-34 006
DATE: November 10, 2021

ORDER

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is dismissed.

Entitlement to service connection for sleep apnea is dismissed.  

FINDING OF FACT

On October 15, 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 the appeal with respect to the issues of service connection for COPD and sleep apnea was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, through 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 had active service with the Coast Guard from January 1980 to April 1981. 

This matter is on appeal to the Board of Veterans' Appeals (the Board) from a July 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.L. Byers

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.