Citation Nr: 21069473
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-22 348
DATE: November 18, 2021

ORDER

The claim of service connection for a skin disorder is dismissed.

The claim of service connection for hypertension is dismissed.

The claim of service connection for obstructive sleep apnea is dismissed.

FINDING OF FACT

In November 2021, the Veteran notified the Board that he wished to withdraw the claims of service connection for a skin disorder, hypertension, and obstructive sleep apnea.

CONCLUSION OF LAW

The criteria for withdrawal as to the claims of service connection for a skin disorder, hypertension, and obstructive 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 in the U.S. Marine Corps from January 1964 to January 1968, to include service in the Republic of Vietnam.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision of the Winston-Salem, North Carolina Regional Office (RO).

In the April 2017 substantive appeal, the Veteran requested a Board hearing. The Veteran was scheduled for a Board hearing in December 2021. In a November 2021 statement, the Veteran requested that the hearing be cancelled. The Veteran's request for a Board hearing is withdrawn. 38 C.F.R. § 20.704(e).

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

The U.S. Court of Appeals for Veterans' Claims (Court) held that written requests to withdraw an issue on appeal in the legacy system are governed by 38 C.F.R. § 19.55(b) and are not subject to the standard set forth in DeLisio v. Shinseki, 25 Vet. App. 45 (2011) and adopted in Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018). Hembree v. Wilkie, 33 Vet. App. 1, 7 (2020).

In a November 2021 statement, the Veteran notified the Board that he wished to "withdraw all issues on appeal." The Veteran has withdrawn his appeal and no allegations of fact or law remain for appellate consideration. 

The Board does not have jurisdiction to review the appeal and it is dismissed. 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Cohen, Counsel

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.