Citation Nr: A24071663
Decision Date: 11/04/24	Archive Date: 11/04/24

DOCKET NO. 220619-251175
DATE: November 4, 2024

ORDER

The issue of entitlement to service connection for right ankle deltoid ligament sprain is dismissed.

The issue of entitlement to service connection for left knee condition is dismissed.

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

FINDING OF FACT

In August 2024, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received written notification from the Veteran that a withdrawal of his appeal in its entirety was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal in its entirety by the Veteran have been met, and the appeal must be dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from February 2013 to December 2013, with additional service in the Army National Guard.  

In June 2022, the Board of Veterans' Appeals (Board) received a VA Form 10182, Decision Review Request: Board Appeal electing the Direct Review docket to review April and June 2022 rating decisions issued by a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

In August 2024, prior to promulgation of a decision by the Board, the Veteran submitted a Statement in Support of Claim requesting to withdraw or cancel the appeal for right ankle pain and limitation of motion, left knee pain, and sleep apnea. In other words, he requested withdrawal of each issue in this appeal.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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 appellant or by his authorized representative.  38 C.F.R. § 20.205.  

In this case, the Veteran, in an August 2024, written statement, withdrew his appeal before the Board in its entirety.  Therefore, 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.

 

 

A. Odya-Weis

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bloom Gottlieb, Lyla R.

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.