Citation Nr: 21074654
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 15-31 011
DATE: December 15, 2021

ORDER

Entitlement to service connection for obstructive sleep apnea (OSA) is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to August 9, 2016 is dismissed.

FINDING OF FACT

In March 2021, the Board of Veterans' Appeals (Board) received notification that the Veteran wished to withdrawal the appeal as to the issue of entitlement to service connection for OSA and entitlement to a TDIU prior to August 9, 2016.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for OSA.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.205.

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a TDIU prior to August 9, 2016.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from April 1975 to April 1995, to include service in Southwest Asia.  

This matter comes before the Board on appeal from January 2014 and May 2017 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  The Board remanded the matters for development in May 2019 and February 2021, and they now return.  The Board notes that a separate issue of service connection for an eye disability was also previously remanded by the Board; however, that claim was subsequently granted by the RO in April 2021 is no longer on appeal.

As to the remaining claims, subsequent to the Board's last remand the Veteran withdrew his appeal as to the issues herein in a March 3, 2021 statement.  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision and may be made by the appellant or an authorized representative. 38 C.F.R. § 19.55.  

As there remain no allegations of errors of fact or law for appellate consideration as to the issues of service connection for OSA and a TDIU prior to August 9, 2016, the Board has no jurisdiction over these issues, and they are dismissed. 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Scarduzio, 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.