Citation Nr: 21015253
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 16-40 911A
DATE: March 17, 2021

ORDER

The appeal with respect to entitlement to service connection for sleep apnea is dismissed.

FINDING OF FACT

In a written statement received in August 2019, prior to the promulgation of an appellate decision on the matter, the Veteran asked that the present appeal be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from June 1971 to July 1982.  His decorations include the Army Service Ribbon, the Overseas Service Ribbon, and the National Defense Service Medal.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Chicago, Illinois.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in an appeal.  38 C.F.R. § 19.55.  Only an appellant, or an appellant’s authorized representative, may withdraw an appeal. Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.

In August 2019, prior to the promulgation of a Board decision, the Veteran submitted correspondence wherein he indicated that he wished to withdraw the present appeal.  The correspondence included his name and his VA file number.  See also February 2021 VA Form 27-0820 (showing that the Veteran’s representative contacted VA by telephone to reaffirm the Veteran’s wish to withdraw the appeal).  Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn the appeal, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Ragheb, 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.