Citation Nr: 1304999	
Decision Date: 02/11/13    Archive Date: 02/21/13

DOCKET NO.  03-08 309	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUE

Entitlement to service connection for bilateral pes planus.


REPRESENTATION

Appellant represented by:	Veterans of Foreign Wars of the United States


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

M. Young, Counsel


INTRODUCTION

The appellant is a Veteran who served on active duty from August 1971 to August 1975.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2004 rating decision by the Chicago, Illinois Department of Veterans Affairs (VA) Regional Office (RO).  In July 2006, a Travel Board hearing was held before a Veterans Law Judge who is no longer at the Board.  The Veteran was offered the opportunity to testify at another hearing before the judge who would decide his appeal.  He accepted, and in September 2010 a Travel Board hearing was held before the undersigned.  Transcripts of both hearings are associated with the claims file.  In January 2011 and March 2012 the Board remanded the matter for additional development.


FINDING OF FACT

In January 2013, prior to the promulgation of a decision in this matter, the Board received notification from the Veteran's representative that he was withdrawing his appeal in the matter of service connection for bilateral pes planus; there are no questions of fact or law in the matter remaining for the Board to consider.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met with respect to the claim for service connection for bilateral pes planus; the Board has no further jurisdiction in the matter.  38 U.S.C.A. §§ 7104, 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).





REASONS AND BASES FOR FINDING AND CONCLUSION

The Veterans Claims Assistance Act of 2000 (VCAA), in part, describes VA's duties to notify and assist claimants in substantiating a claim for VA benefits.  See 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5106, 5107, 5126; 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a).  Given the appellant's expression of intent to withdraw his appeal in this matter, further discussion of the VCAA is not necessary.

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C.A. § 7104; 38 C.F.R. § 20.101.  Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal, which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made in writing or on the record at a hearing by the appellant or by his authorized representative.  38 C.F.R. § 20.204. 

On January 8, 2013, the Board received a letter from the Veteran's representative stating: "The [V]eteran would like to drop his appeal for bilateral flat feet, pes planus."  Inasmuch as the Veteran has withdrawn his appeal in this matter, there is no allegation of error of fact or law in the matter remaining before the Board.  Hence, the Board does not have jurisdiction to consider an appeal in this matter; the appeal must be dismissed.


ORDER

The appeal seeking service connection for bilateral pes planus is dismissed.


____________________________________________
GEORGE R. SENYK
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs