Citation Nr: 21042246
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 16-61 021
DATE: July 12, 2021

ORDER

Entitlement to a disability rating in excess of 60 percent for a seizure disorder is dismissed.

Entitlement to service connection for obstructive sleep apnea is dismissed.

FINDINGS OF FACT

1. In July 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim for a disability rating in excess of 60 percent for a seizure disorder.

2. In July 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim for service connection for obstructive sleep apnea.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to a disability rating in excess of 60 percent for a seizure disorder by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to service connection for obstructive sleep apnea by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 2001 to June 2003.

These matters originally came before the Board of Veterans' Appeals (Board) on appeal from June 2015 and November 2016 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

In May 2019 and May 2020, the Board remanded the claims for further development.

Entitlement to a disability rating in excess of 60 percent for a seizure disorder

Entitlement to service connection for obstructive sleep apnea

The Board may dismiss any appeal that 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.

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In a July 2020 signed, written correspondence, the Veteran requested to withdraw the issue of entitlement to a disability rating in excess of 60 percent for a seizure disorder, as well as the claim for service connection for sleep apnea. The Veteran's withdrawal was clear and unambiguous. See 38 C.F.R. § 20.204 (b). As such, there remains no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review his appeal as to these issues, and the Veteran's claims must be dismissed.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. B. Smith, 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.