Citation Nr: 20007935
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 19-24 078
DATE: January 30, 2020

ORDER

The appeal for entitlement to service connection for bilateral pes planus is dismissed.

FINDING OF FACT

On December 20, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that he wished to withdraw his claim on appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to service connection for bilateral pes planus have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from August 1989 to October 1993.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205. 

In the present case, in December 2019 correspondence, the Veteran, through his authorized representative, withdrew this appeal.  Due to the Veteran expressing his desire to withdraw his appeal before the Board, there is effectively no longer any remaining allegation of error of fact or law concerning the claim.  See 38 U.S.C. § 7105 (d)(5).  

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Negron, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.