Citation Nr: 22010243
Decision Date: 02/23/22	Archive Date: 02/23/22

DOCKET NO. 18-34 930
DATE: February 23, 2022

ORDER

The appeal for the issue of whether new and material evidence has been received to reopen a claim for service connection for headaches is dismissed.

The appeal for the issue of whether new and material evidence has been received to reopen a claim for service connection for aches in joints (now claimed as joint pains, body, and muscle and joint pain) is dismissed.

The appeal for the issue of whether new and material evidence has been received to reopen a claim for service connection for allergic rhinitis (now also claimed as allergies) is dismissed.

The appeal for the issue of entitlement to service connection for Gulf War Syndrome is dismissed.

The appeal for the issue of entitlement to service connection for sleep apnea is dismissed.

The appeal for the issue of entitlement to service connection for gout is dismissed.

The appeal for the issue of entitlement to service connection for gastroesophageal reflux disease (GERD) (claimed as a stomach disorder) is dismissed.

The appeal for the issue of entitlement to an initial compensable evaluation for dry eye syndrome is dismissed.

FINDING OF FACT

In October 2019, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran that he wanted to withdraw the appeal.

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 in the Texas Army National Guard and United States Army Reserve, which included periods of service from November 1982 to March 1983 (active duty for training) and from January 1991 to June 1991 (ordered to active duty in support of Operation Desert Shield/Desert Storm).

This case comes before the Board on appeal from an August 2016 rating decision by the Department of Veterans Affairs (VA).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55 (previously 38 C.F.R. § 20.204).

In an October 2019 written statement, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wanted to withdraw the appeal for the above issues, as listed in the April 2018 statement of the case.  Given that there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Postek, 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.