Citation Nr: 19129019
Decision Date: 04/15/19	Archive Date: 04/15/19

DOCKET NO. 18-29 611
DATE:	April 15, 2019

ORDER

The appeal of the claim of entitlement to service connection for a left foot disability is dismissed.

FINDING OF FACT

In a March 2019 statement, the Veteran, through his representative, withdrew the pending appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal with respect to the claim of entitlement to service connection for a left foot disability are met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1959 to September 1963.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 rating decision of the Department of Veterans Appeals (VA) Regional Office (RO) in St. Louis, Missouri.

1. Entitlement to service connection for a left foot disability.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.

 

In a statement dated March 2019, the Veteran, through his representative, expressed his desire to withdraw the pending appeal.  The Board finds that the statement is explicit and unambiguous.  The statement was provided with the assistance of the Veteran’s representative, reflecting that it was therefore done with a full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Hence, no allegations of errors of fact or law remain for appellate consideration with respect to the claim of entitlement to service connection for a left foot disability, the only claim currently before the Board.  Accordingly, the Board does not have jurisdiction to review the appeal as to this matter, and it must be dismissed.

 

K. Conner

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	K. K. Buckley, Counsel