Citation Nr: 21075799
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 19-19 638
DATE: December 21, 2021

ORDER

Entitlement to service connection for esophageal reflux is dismissed.

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for hyperlipidemia is dismissed.

Entitlement to service connection for obstructive sleep apnea is dismissed.

Entitlement to service connection for asthma is dismissed.

FINDING OF FACT

In November 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized attorney, that a withdrawal of the appeals seeking entitlement to service connection for esophageal reflux, hypertension, hyperlipidemia, obstructive sleep apnea, and asthma was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeals seeking entitlement to service connection for esophageal reflux, hypertension, hyperlipidemia, obstructive sleep apnea, and asthma are met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Army from August 1969 to June 1971.

These matters are before the Board of Veterans' Appeals (Board) on appeal from February 2015 and September 2015 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  

Dismissed Appeals

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

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In the present case, in November 2021, VA received a written statement from the Veteran's attorney indicating that the Veteran wished to withdraw the issues on appeal.  As the Veteran has knowingly and voluntarily withdrawn the appeals of the issues in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal of these issues and it is dismissed.  

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Breitbach, 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.