Citation Nr: 22017946 Decision Date: 03/27/22 Archive Date: 03/27/22 DOCKET NO. 16-16 134 DATE: March 27, 2022 ORDER Service connection for sleep apnea is dismissed. Service connection for right ankle disability is dismissed. FINDING OF FACT In correspondence dated in February 2022, prior to the promulgation of an appellate decision, the Veteran stated that he wished to withdraw his claims for service connection for sleep apnea and a right ankle disability. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue entitlement to service connection for sleep apnea by the Veteran have been met. 38 U.S.C. § 7105 (2018); 38 C.F.R. § 20.205 (2021). 2. The criteria for withdrawal of the issue entitlement to service connection for right ankle disability by the Veteran have been met. 38 U.S.C. § 7105 (2018); 38 C.F.R. § 20.205 (2021). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served honorably on active duty in the United States Navy from August 1990 to May 1993. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision issued by Department of Veterans Affairs (VA) Regional Office. The Veteran initially requested a Board hearing at a local VA office but subsequently withdrew his request. See February 2022 Correspondence. The hearing request is deemed withdrawn. 38 C.F.R.§20.704(e). The Board has limited the discussion below to the relevant evidence required to support its finding of fact and conclusion of law, as well as to the specific contentions regarding the case as raised directly by the Veteran and those reasonably raised by the record. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Robinson v. Peake, 21 Vet. App. 545, 552 (2008). Dismissal of Claims 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 20.205(b)(1). A withdrawal is effective when received provided that receipt is prior to the issuance of a decision by the Board. 38 C.F.R. § 20.205(b)(3). Withdrawal of a claim constitutes a withdrawal of the notice of disagreement (NOD) and, if filed, the substantive appeal. 38 C.F.R. § 20.205(c). There is no obligation to proceed with further adjudication following withdrawal. Hanson v. Brown, 9 Vet. App. 29 (1996). In the present case, the Veteran submitted a letter in February 2022 stating that the Veteran wished to withdraw his appeal of the issues. Specifically, the Veteran wrote, "Please cancel my outstanding appeal." The Veteran also requested that his hearing, that was to take place in conjunction with his appeal, be canceled as well. The letter included the Veteran's name, file number, and a statement that the appeal was withdrawn. Accordingly, the Veteran's withdrawal is in compliance with 38 C.F.R. § 20.205(b)(1). When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed. Consequently, dismissal of the issues is the appropriate disposition. See 38 U.S.C. § 7105(d). Christopher Seppanen Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Gandhi, 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.