Citation Nr: 20021367
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 18-33 006
DATE: March 25, 2020

ORDER

The appeal as to the claim for entitlement to a disability rating in excess of 10 percent for Morton’s neuroma of the left foot is dismissed.

The appeal as to the claim for service connection for tinnitus is dismissed.

The appeal as to the claim for service connection for a sinus disability, to include rhinitis, is dismissed.

The appeal as to the claim for service connection for an eye disability other than retinopathy or glaucoma is dismissed.

FINDING OF FACT

In written correspondence received in February 2020, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw his appeal with respect to the claims listed above.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issues of entitlement to a rating in excess of 10 percent for Morton’s neuroma of the left foot and entitlement to service connection for tinnitus, a sinus disability (to include rhinitis), and an eye disability (other than retinopathy or glaucoma) by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105(b)(2) (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty for training (ACDUTRA) from June 1977 to April 1978.

Withdrawal and Dismissal

The Board of Veterans’ Appeals (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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 Veteran or by his or her authorized representative.  Id.

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Here, in February 2020, prior to the promulgation of a Board decision with respect to these matters, the Veteran submitted a statement through his attorney indicating that he wished to withdraw his appeal.  Accordingly, the Board finds that the appeal with respect to the Veteran’s claims of entitlement to a rating in excess of 10 percent for Morton’s neuroma of the left foot and entitlement to service connection for tinnitus, a sinus disability (to include rhinitis), and an eye disability (other than retinopathy or glaucoma) has been withdrawn.  See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011) (holding that withdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant).

As there are no allegations of errors of fact or law for appellate consideration at this time, the Board does not have jurisdiction to review the appeal, and the claims listed above are all dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Minot, 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.