Citation Nr: 22008317
Decision Date: 02/14/22	Archive Date: 02/14/22

DOCKET NO. 18-10 247
DATE: February 14, 2022

ORDER

The claim to reopen a claim for entitlement to service connection for sleep apnea as secondary to the service-connected disability of post-traumatic stress disorder with bipolar disorder, II (to include depression and anxiety) is dismissed.

FINDING OF FACT

On December 15, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 from September 1989 to February 1990, from January 1991 to May 1991, from November 1996 to May 1997, from October 2001 to March 2002, from May 2002 to November 2002, and from December 2002 to September 2003.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a January 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

K. MARENNA

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Brewer, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.