Citation Nr: 21008637 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 13-19 146 DATE: February 17, 2021 ORDER Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected PTSD, is dismissed. Entitlement to service connection for restless leg syndrome, to include as secondary to service-connected PTSD, is dismissed. FINDINGS OF FACT 1. In January 2021, prior to the promulgation of a decision on this appeal, the Board received notification from the Veteran that he would like to withdraw his appeal relating to entitlement to service connection for obstructive sleep apnea. 2. In January 2021, prior to the promulgation of a decision on this appeal, the Board received notification from the Veteran that he would like to withdraw his appeal relating to entitlement to service connection for restless leg syndrome. CONCLUSIONS OF LAW 1. The criteria for dismissal of entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected PTSD, are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for dismissal of entitlement to service connection for restless leg syndrome, to include as secondary to service-connected PTSD, are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from February 1981 to February 1984 and from September 2005 to February 2006. He served in Iraq and Kuwait in support of Operating Enduring Freedom from September 2005 to January 2006. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from May 2010 and August 2011 rating decision by a Department of Veterans affairs (VA) Regional Office (RO) in Waco, Texas, the Agency of Original Jurisdiction (AOJ). This matter was previously before the board in February 2014, at which time it was remanded for further development. This matter was again before the Board in August 2018, at which time the Board determined that the VA examinations were not adequate and remanded the claims. This matter was also before the Board in October 2020, at which time it was remanded for an addendum opinion. Service Connection 1. Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected PTSD 2. Entitlement to service connection for restless leg syndrome, to include as secondary to service-connected PTSD Pursuant to 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(c). Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. On December 16, 2020, the Veteran’s representative sent a letter withdrawing from representation of the Veteran prior to the appeal being certified to the Board. §20.608 (a). Prior to certification of an appeal to the Board, a claimant's representative may withdraw from representation before an agency of original jurisdiction at any time, "if such withdrawal would not adversely impact the claimant's interest." 38 C.F.R. §§ 14.631, 20.608 (a). However, notwithstanding the fact that the representative had just communicated his intent to withdraw from this matter, in January 2021, again prior to the appeal being certified to the Board, the Veteran’s representative submitted a letter along with a statement in writing signed by the Veteran that he wishes to withdraw his appeal for service connection for sleep apnea and restless leg syndrome. The Board finds the Veteran’s statement to be a proper request for withdrawal. As the Veteran has properly withdrawn his appeal in writing, the Board no longer has appellate jurisdiction and can take no further action on these matters. 38 C.F.R. §§ 20.204, 20.1100(b). Accordingly, the appeals are dismissed. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Debra B. McLoughlin, 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.