Citation Nr: 21040175 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 17-00 114 DATE: July 2, 2021 ORDER The appeal for entitlement to service connection for sleep apnea is dismissed. The appeal for entitlement to service connection for fracture right hand is dismissed. FINDINGS OF FACT 1. On April 23, 2021, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of his appeal for service connection for sleep apnea. 2. On April 23, 2021, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of his appeal for service connection for fracture right hand. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal by the Veteran are met as to the claim for service connection for sleep apnea. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 2. The criteria for withdrawal of an appeal by the Veteran are met as to the claim for service connection for fracture right hand. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 2002 to December 2006. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Withdrawal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55 (2020). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. 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. 1. The appeal for entitlement to service connection for sleep apnea is dismissed. 2. The appeal for entitlement to service connection for fracture right hand is dismissed. In an April 2021 communication from the Veteran via his accredited representative to the VA, the Veteran stated that he desired to formally withdraw his appeal. He wrote that he is "satisfied with his ratings" and that he would like to withdraw the issues of service connection for sleep apnea and service connection for fracture right hand. Prior to the request to withdraw the appeal, the RO assigned a combined rating of 100 percent based on the Veteran's service-connected disabilities. 06/14/2018, Rating Decision. This statement meets the requirements of 38 C.F.R. § 19.55(b) as it included the name of the Veteran, his VA file number, and listed the issues to be withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1, 6-7 (2020) (holding that, unlike an oral withdraw at a hearing, a written withdrawal request does not require full understanding of the consequences of such action on the part of the claimant, but needs to comply with the applicable regulation). In the present case, the Veteran has withdrawn his appeal for the claims of entitlement to service connection for sleep apnea and fracture right hand. As such, the Board finds that there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the sleep apnea and fracture right hand issues and they are dismissed. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board David Han 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.