Citation Nr: 21069284
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-55 956
DATE: November 18, 2021

ORDER

The appeal as to service connection for sleep apnea is dismissed.

FINDING OF FACT

On October 22, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of his appeal for service connection for sleep apnea is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the issue of service connection for sleep apnea 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 from December 1971 to December 1973.  This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

1. The appeal as to service connection for sleep apnea is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  The withdrawal may be made by the appellant or by his or her authorized representative, and it must be in writing or be made on record during a hearing.  38 C.F.R. § 19.55.  

In this case, the Veteran, through his authorized representative, withdrew his appeal for entitlement to service connection for sleep apnea by way of a VA Form 21-4138 received on October 22, 2021.  Hence, there remains no allegation of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.