Citation Nr: 18149822
Decision Date: 11/13/18	Archive Date: 11/13/18

DOCKET NO. 16-10 889
DATE:	November 13, 2018
ORDER
The appeal concerning the issue of entitlement to an increased evaluation in excess of 30 percent for bilateral pes planus is dismissed.
FINDING OF FACT
In written correspondence to VA dated October 11, 2018, the Veteran and his representative withdrew the issue of entitlement to an increased evaluation in excess of 30 percent for bilateral pes planus.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal of the issue of entitlement to an increased evaluation in excess of 30 percent for bilateral pes planus have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from August 1979 to August 1982 under honorable conditions for VA purposes.  
The Veteran has an additional period of active service from May 1983 to March 1984 considered to have been under dishonorable conditions for VA purposes and is a bar to benefits administered by VA regarding that period only.  38 C.F.R. § 3.12(c). 
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a January 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia.
The Board is cognizant of a separate appeal by the Veteran regarding the issues of earlier effective date for service-connected posttraumatic headaches, an increased rating for traumatic brain injury, and service connection for an acquired psychiatric condition and a sleep disorder.  However, as that appeal is not yet certified before the Board, it is not ripe for adjudication and will not be discussed here.
Withdrawn Issues
The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.  
In written correspondence to VA dated October 11, 2018, the Veteran, with a cover letter from his representative, stated that he would like to withdraw the issue of entitlement to an increased evaluation in excess of 30 percent for bilateral pes planus.  

As a matter of law, a withdrawal of an appeal is effective when received.  See 38 C.F.R. § 20.204 (b)(3) (2017).  Thus, there remain no allegations of errors of fact or law for appellate consideration with respect to this matter.  As the Board does not have jurisdiction to review this claim, it is therefore dismissed.

 
MICHAEL A. PAPPAS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Setter, Associate Counsel