Citation Nr: 22016541
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 19-04 250
DATE: March 22, 2022

ORDER

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

FINDING OF FACT

On September 24, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his authorized representative) are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Marine Corps from August 2004 to January 2021.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision issued by 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.205.  

In a written statement received by VA on September 24, 2021, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wanted to withdraw his appeal regarding entitlement to service connection for sleep apnea.  Accordingly, the Board does not have jurisdiction to review the appeal and the issue is dismissed. 

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.