Citation Nr: A26021189
Decision Date: 03/10/26	Archive Date: 03/10/26

DOCKET NO. 210226-144113
DATE: March 10, 2026

ORDER

The appeal seeking entitlement to service connection for obstructive sleep apnea, rhinitis, and irritable bowel syndrome is dismissed. 

FINDING OF FACT

In November 2024, prior to the promulgation of a decision in this appeal, the Board of Veterans' Appeals (the Board) received written notice from the Veteran's representative requesting withdrawal of the appeal seeking entitlement to service connection for obstructive sleep apnea, rhinitis, and irritable bowel syndrome. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal seeking entitlement to service connection for obstructive sleep apnea, rhinitis, and irritable bowel syndrome are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

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REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from July 2007 to January 2013. 

This appeal stems from a February 2021 rating decision that denied entitlement to service connection for obstructive sleep apnea, rhinitis, and irritable bowel syndrome. 

The Veteran appealed the February 2021 rating decision by filing a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) on February 26, 2021. He elected the Hearing docket. A hearing in this appeal was scheduled for November 18, 2024. 

The requirements for making a written withdrawal are set forth in 38 C.F.R. § 20.205. By regulation, a veteran's "appeal may be withdrawn as to any or all issues involved in the appeal." 38 C.F.R. § 20.205(a). To be effective, the "withdrawal[] must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf)." 38 C.F.R. § 20.205(b)(1). The withdrawal must also include "the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn." 38 C.F.R. § 20.205(b)(1). Furthermore, "if the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal." 38 C.F.R. § 20.205(b)(1). 

When deciding whether the withdrawal is valid, the Board should ordinarily confine itself to examining the written submission to determine whether it complies with the requirements laid out in the regulation. See Hembree v. Wilkie, 33 Vet. App. 1, 6 (2020). If the withdrawal includes the name of the veteran, the file number, and unambiguously identifies the claim to be withdrawn, the written withdrawal will be considered valid, and the Board need not look to other evidence to find it so." Hembree, 33 Vet. App. at 6. 

On November 18, 2024, the Veteran's authorized representative submitted a written statement indicating, "We respectfully withdraw the appeal submitted on 02/26/21 for the OSA, IBS, and Rhinitis." This statement includes the Veteran's name and Department of Veterans Affairs (VA) file number. It also clearly states the desire to withdraw the present appeal in its entirety. The written statement also included the signature of the Veteran's authorized representative. 

Accordingly, the Veteran's appeal as to entitlement to service connection for obstructive sleep apnea, rhinitis, and irritable bowel syndrome is withdrawn. 38 C.F.R. § 20.205.  

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.M. Sachs, 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.