Citation Nr: 21074276
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 17-52 900
DATE: December 14, 2021

ORDER

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

FINDING OF FACT

On May 7, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 United States Army from November 2002 to November 2009.  Among his many awards and decorations, the Veteran is in receipt of the Purple Heart Medal and the Combat Infantryman Badge.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran was previously represented in this appeal by a private attorney, who withdrew from representation in March 2018.  The Veteran has not appointed a new representative.  

Withdrawal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 written correspondence received May 7, 2020, the Veteran notified VA that he wishes to withdraw his appeal as to entitlement to service connection for sleep apnea.  As the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration.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. 

 

J. NICHOLS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.