Citation Nr: 21074608
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 19-35 804
DATE: December 15, 2021

ORDER

Entitlement to service connection for a sleep disorder, claimed as obstructive sleep apnea (OSA) secondary to service-connected posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In December 2020, the Veteran submitted a written statement requesting that his claim for service connection for OSA, secondary to his service-connected PTSD, be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of a claim for entitlement to service connection for a sleep disorder, claimed as obstructive sleep apnea secondary to service-connected posttraumatic stress disorder by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army from November 1972 to December 1974.

This appeal comes to the Board of Veterans' Appeals (Board) from a Department of Veterans Affairs (VA) June 2018 rating decision of the Agency of Original Jurisdiction (AOJ).

In May 2020 the Board remanded the case to the AOJ for additional development. A Board remand confers upon the appellant the right to compliance with that order. Stegall v. West, 11 Vet. App. 268, 271 (1998). Substantial compliance, rather than strict compliance, is required. D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). After a review of the evidence added to the record in the time since the May 2020 remand, the Board finds that the AOJ conducted additional development as instructed, and that there has been substantial compliance with the remand directives

1. Entitlement to service connection for a sleep disorder, claimed as obstructive sleep apnea secondary to service-connected posttraumatic stress disorder

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

In a December 2020 Statement in Support of Claim, the Veteran wrote "I received a letter from VA on my [Supplemental Statement of the Case] for remand appeal for Sleep Apnea. I would like to with-draw[sic] my appeal at this time." He noted that as he had been awarded a 100 percent disability rating for his PTSD, he is "happy with the way it is." 

The Board finds that the Veteran clearly expressed unambiguous intent to withdraw the appeal for this issue. The Board therefore finds that the Veteran's statement meets the criteria for withdrawal of the appeal of entitlement to service connection for obstructive sleep apnea, claimed as secondary to service-connected posttraumatic stress disorder.

Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal with respect to the above identified issue and therefore the Veteran's claim for entitlement to service connection for obstructive sleep apnea, claimed as secondary to service-connected posttraumatic stress disorder is dismissed.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Neville, 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.