Citation Nr: 21007820
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 18-32 732
DATE:   February 10, 2021

ORDER

Entitlement to service connection for a sleep disorder, to include insomnia, is dismissed.

FINDING OF FACT

On October 28, 2020, following certification of the appeal to the Board of Veterans’ Appeals (Board) and prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran and his representative that he requested to withdraw the issue on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the substantive appeal on the issue of entitlement to service connection for a sleep disorder, to include insomnia, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from August 1976 to August 1979. 

This case was previously before the Board in July 2019 and July 2020, at which times the board remanded the matter on appeal for additional development. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 Veteran or by his authorized representative. 38 C.F.R. § 19.55. Following certification of the appeal to the Board and prior to the promulgation of a decision in the appeal, VA received two written notifications from the Veteran and his attorney in October 2020 that the Veteran requested to withdraw the issue of entitlement to service connection for a sleep disorder, to include insomnia. The Veteran’s statement, signed by him on October 11, 2020, and the attorney’s statement, dated October 26, 2020, were received by VA on October 28, 2020. The record reflects that this is the only matter currently on appeal. Accordingly, there are no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review this claim, and the appeal is therefore dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.