Citation Nr: A21018908
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 190911-31074
DATE: November 26, 2021

ORDER

The appeal for an initial compensable rating for service-connected erectile dysfunction is dismissed.

The appeal for readjudication of the claim for service connection for sleep apnea is dismissed.

FINDING OF FACT

On October 7, 2019, the Veteran requested to withdraw his appeals for an initial compensable rating for erectile dysfunction and service connection for sleep apnea.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for an initial compensable rating for erectile dysfunction and for readjudication of the claim for service connection for sleep apnea have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from December 2002 to September 2006.  These matters arise from an August 2018 rating decision. 

The Veteran was scheduled for a hearing before the Board in November 2021. However, over two years prior, on October 7, 2019, the Veteran's representative had submitted a signed statement with the Veteran's VA file number providing formal notification that the Veteran wished to withdraw his sleep apnea, erectile dysfunction, and hypertension appeals. The Veteran was notified that his hypertension appeal was withdrawn on October 30, 2019, but received no notification as to his request to withdraw his other appeals, and his hearing as to these appeals was scheduled in the ordinary course of business. On November 21, 2021, following a request for clarification by the Board, the Veteran affirmed that he had withdrawn everything on appeal, specifically including his sleep apnea and erectile dysfunction claims, via e-mail correspondence.  The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  In the present case, the Veteran has withdrawn the above appeals; therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals and they are dismissed.  

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Tierno

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.