Citation Nr: 21023844 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 16-27 737 DATE: April 21, 2021 ORDER Entitlement to service connection for obstructive sleep apnea is dismissed. Entitlement to service connection for hypertension is dismissed. Entitlement to service connection for a prostate disability is dismissed. Entitlement to service connection for Type II diabetes mellitus (“diabetes mellitus”) is dismissed. Entitlement to service connection for a nerve disability is dismissed. Entitlement to a rating in excess of 20 percent for service-connected residuals of stress fracture of the left tibia is dismissed. Entitlement to a rating in excess of 20 percent for service-connected residuals of stress fracture of the right tibia is dismissed. FINDINGS OF FACT 1. In July 2020, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to service connection for obstructive sleep apnea. 2. In July 2020, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to service connection for hypertension. 3. In July 2020, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to service connection for a prostate disability. 4. In July 2020, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to service connection for diabetes mellitus. 5. In July 2020, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to service connection for a nerve disability. 6. In July 2020, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to an increased rating for service-connected residuals of stress fracture of the bilateral tibia. 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 obstructive sleep apnea. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204. 2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for hypertension. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204. 3. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for a prostate disability. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204. 4. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for diabetes mellitus. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204. 5. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for a nerve disability. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204. 6. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an increased rating for service-connected residuals of stress fracture of the bilateral tibia. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from July 1972 to June 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from December 2014 (diabetes mellitus, hypertension) and April 2015 (bilateral tibia, obstructive sleep apnea, prostate disability, nerve disability) rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). By way of background, in February 2019, the Board determined that there was new and material evidence to grant the Veteran’s petition to reopen his claim for entitlement to service connection for diabetes mellitus, hypertension, headaches, and a psychiatric disability. The Board also denied the Veteran’s claim for entitlement to service connection for a kidney disability and an eye disability; granted the claim for entitlement to service connection for headaches; and remanded the issues on appeal to include entitlement to service connection for a psychiatric disability and neurobehavioral disability. During the appeal period, in a March 2020 rating decision the RO granted the Veteran’s claim for entitlement to service connection for depression (also claimed as memory loss, mental health conditions and neurobehavioral effects). In May 2020, the Veteran’s attorney, J. Michael Woods, withdrew as the Veteran’s representative. 1. Entitlement to service connection for obstructive sleep apnea is dismissed. 2. Entitlement to service connection for hypertension is dismissed. 3. Entitlement to service connection for a prostate disability is dismissed. 4. Entitlement to service connection for diabetes mellitus is dismissed. 5. Entitlement to service connection for a nerve disability is dismissed. 6. Entitlement to a rating in excess of 20 percent for service-connected residuals of stress fracture of the left tibia is dismissed. 7. Entitlement to a rating in excess of 20 percent for service-connected residuals of stress fracture of the right tibia is dismissed. (Continued on the next page)   A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing. 38 C.F.R. §§ 20.202, 20.204(b). Withdrawal may be made by the Veteran or his authorized representative. In this case, in a July 2020 correspondence, the Veteran stated that he wished to withdraw all remaining issues contained in the June 2020 supplemental statement of the case and to discontinue further development actions associated with this appeal. See July 2020 VA 21-4138 Statement in Support of Claim. As the Veteran has withdrawn his right to appeal in accordance with 38 C.F.R. § 20.204, the Board no longer has appellate jurisdiction over the issues and can take no further action on the matter. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Noh, 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.