Citation Nr: 19155489 Decision Date: 07/17/19 Archive Date: 07/17/19 DOCKET NO. 13-23 345 DATE: July 17, 2019 ORDER Entitlement to an initial rating for stress fracture, right second metatarsal bone in excess of 0 percent prior to March 18, 2019 and in excess of 10 percent thereafter is dismissed. Entitlement to an initial rating in excess of 0 percent for dry left eye syndrome is dismissed. Entitlement to an initial rating in excess of 0 percent for onychomycosis right great toenail is dismissed. Entitlement to service connection for bilateral foot fallen arches is dismissed. FINDINGS OF FACT 1. In July 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of the claim for entitlement to an initial rating for stress fracture, right second metatarsal bone in excess of 0 percent prior to March 18, 2019 and in excess of 10 percent thereafter was requested. 2. In July 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of the claim for entitlement to an initial rating in excess of 0 percent for dry left eye syndrome was requested. 3. In July 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of the claim for entitlement to an initial rating in excess of 0 percent for onychomycosis right great toenail was requested. 4. In July 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of the claim for entitlement service connection for bilateral foot fallen arches was requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal for entitlement to an initial rating for stress fracture, right second metatarsal bone in excess of 0 percent prior to March 18, 2019 and in excess of 10 percent thereafter have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (West 2012); 38 C.F.R. § 20.204 (2018). 2. The criteria for withdrawal of the appeal for entitlement to an initial rating in excess of 0 percent for dry left eye syndrome have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (West 2012); 38 C.F.R. § 20.204 (2018). 3. The criteria for withdrawal of the appeal for entitlement to an initial rating in excess of 0 percent for onychomycosis right great toenail have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (West 2012); 38 C.F.R. § 20.204 (2018). 4. The criteria for withdrawal of the appeal for entitlement to service connection for bilateral foot fallen arches have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (West 2012); 38 C.F.R. § 20.204 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from September 1975 to June 1978. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2011 rating decision. The Veteran’s representative appeared before the undersigned Veterans Law Judge at a July 2019 Board hearing. It is adjudicated under the One Touch Program. The hearing transcript will be associated with the record once it is complete. 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 authorized representative. Id. At the July 2019 Board hearing, the Veteran’s representative stated that the Veteran would like to withdraw his claims on appeal. Indeed, the Veteran had written in a June 2019 correspondence that he would like to withdraw his claims on appeal. Given such, the Board finds that the Veteran’s withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Thus, there remains no allegation of errors of fact or law for appellate consideration for these issues. Accordingly, the Board does not have jurisdiction to review the appeals and the claims for entitlement to an initial rating for stress fracture, right second metatarsal bone in excess of 0 percent prior to March 18, 2019 and in excess of 10 percent thereafter, entitlement to an initial rating in excess of 0 percent for dry left eye syndrome, entitlement to an initial rating in excess of 0 percent for onychomycosis right great toenail, and entitlement to service connection for bilateral foot fallen arches are dismissed. ) YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. J. Cho, Associate 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.