Citation Nr: 22014769
Decision Date: 03/15/22	Archive Date: 03/15/22

DOCKET NO. 19-16 883
DATE: March 15, 2022

ORDER

The issue of whether new and material evidence was received to reopen a claim for service connection for sleep apnea, and if so, whether service connection is warranted for that disability, is dismissed.

The issue of the Veteran's entitlement to service connection for a right great toe disorder, to include residuals from an ingrown toenail status-post surgery, is dismissed.

The issue of the Veteran's entitlement to service connection for a left great toe disorder, to include residuals from an ingrown toenail status-post surgery, is dismissed.

FINDINGS OF FACT

On February 3, 2022, prior to the promulgation of a decision in this appeal, the Veteran withdrew his appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the issue of whether new and material evidence was received to reopen a claim for service connection for sleep apnea, and if so, whether service connection is warranted for that disability, by the Veteran are met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

2. The criteria for withdrawal of the issue of entitlement to service connection for a right great toe disorder, to include residuals from an ingrown toenail status-post surgery, by the Veteran are met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

3. The criteria for withdrawal of the issue of entitlement to service connection for a left great toe disorder, to include residuals from an ingrown toenail status-post surgery, by the Veteran are met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 (2020).  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the appeal is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D.S. Lee

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.