Citation Nr: 21070548
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 17-47 738
DATE: November 24, 2021

ORDER

As the appeal is withdrawn, the issues of entitlement to service connection for sleep apnea is dismissed.

FINDING OF FACT

On October 27, 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) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran (appellant) served on active duty in the United States Navy from January 2003 to April 2004.  

This matter comes before the Board of Veterans' Appeals (Board) from a March 2015 rating decision of the Department of Veterans' Affairs (VA) Regional Office (RO).  

Entitlement 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  The withdrawal was in writing and included (1) the name of the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  38 C.F.R. § 19.55(b)(1).   Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.