Citation Nr: 22014285
Decision Date: 03/12/22	Archive Date: 03/12/22

DOCKET NO. 17-40 005
DATE: March 12, 2022

ORDER

The appeal for entitlement to service connection for sinusitis/rhinitis is dismissed.

The appeal for entitlement to service connection for obstructive sleep apnea is dismissed.

The appeal for entitlement to a compensable disability rating for residuals of deviated septum is dismissed.

FINDING OF FACT

In written correspondence received November 2021, the Veteran requested that this appeal be withdrawn.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for entitlement to service connection for sinusitis/rhinitis have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.

2. The criteria for withdrawal of the appeal for entitlement to service connection for sleep apnea have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.

3. The criteria for withdrawal of the appeal for entitlement to a compensable disability rating for residuals of deviated septum have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from July 2000 to December 2005 and from August 2006 to October 2012.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of an August 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  In his substantive appeal, the Veteran requested a hearing before a Veterans Law Judge of the Board.  See VA Form 9, Appeal to Board of Veterans' Appeals, received July 2017.  He was scheduled for a hearing in November 2021, but his representative submitted a form indicating that he wished to withdraw his hearing request.

Entitlement to service connection for sleep apnea; entitlement to service connection for sinusitis/rhinitis; and entitlement to a compensable rating for deviated septum are dismissed.

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.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202, 20.204 (b).  Withdrawal may be made by the claimant or the claimant's authorized representative.  38 C.F.R. § 20.204 (a).  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204 (b) (1).  Here, in written correspondence dated and received in November 2021, the Veteran requested the withdrawal of all issues currently on appeal.  

As such, the Board finds there remains no allegation of error of fact or law for appellate consideration.  As the Board does not have jurisdiction to review the appeal, the issues of entitlement to service connection for sinusitis/rhinitis, entitlement to service connection for obstructive sleep apnea, and entitlement to a compensable disability rating for residuals of deviated septum are dismissed.

 

 

TIFFANY HANSON

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. G. LeMoine, 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.