Citation Nr: 20043769
Decision Date: 06/29/20	Archive Date: 06/29/20

DOCKET NO. 19-03 483
DATE: June 29, 2020

ORDER

The appeal of entitlement to service connection for a right foot disability, claimed as right foot plantar fasciitis, is dismissed.

The appeal of entitlement to service connection for a left foot disability, claimed as left foot plantar fasciitis, is dismissed. 

The appeal of entitlement to service connection for a back disability is dismissed. 

FINDING OF FACT

On March 3, 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received notification from the Veteran, through his representative, that he wished to withdraw his appeal with respect to the claims for entitlement to service connection for a right foot disability, a left disability, and a back disability. 

CONCLUSION OF LAW

The criteria for withdrawal of the issues of entitlement to service connection for a right foot disability, a left foot disability, and a back disability have been met.  38 U.S.C. § 7105(b)(2); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

As noted above, on March 3, 2020, prior to the promulgation of a decision in the appeal, the Board received notification that the Veteran wished to withdraw his appeal regarding the issues of entitlement to service connection for a right foot disability, claimed as right foot plantar fasciitis, a left foot disability, claimed as left foot plantar fasciitis, and a back disability. 

Additionally, although the Veteran requested a hearing before the Board in his January 2019 substantive appeal, he withdrew his hearing request in correspondence with VA dated March 3, 2020. Thus, his hearing request is deemed withdrawn.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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. Id. In the present case, the Veteran, through his authorized representative, has requested to withdraw the claims on appeal; and, therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Tolbert, 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.