Citation Nr: 21001611 Decision Date: 01/11/21 Archive Date: 01/11/21 DOCKET NO. 14-22 598 DATE: January 11, 2021 ORDER Entitlement to service connection for a bilateral foot disorder, to include plantar fasciitis, pes planus, pes cavus, corns, and callosities, and to include as secondary to service-connected disabilities, is dismissed. FINDING OF FACT Prior to the issuance of a decision on the appeal, the Veteran withdrew his Legacy appeal and elected to opt-in to the modernized review system under the Appeals Modernization Act (AMA) by filing an October 2020 VA Form 20-0996 Request for Higher Level Review in response to a September 2020 Supplemental Statement of the Case (SSOC). CONCLUSION OF LAW The criteria for withdrawal of the Legacy claim for a bilateral foot disorder, to include plantar fasciitis, pes planus, pes cavus, corns, and callosities, and to include as secondary to service-connected disabilities, are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from December 1982 to December 1985 and from December 2003 to May 2006. He also had service in the National Guard. This matter is on appeal from a February 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee, the Agency of Original Jurisdiction (AOJ). In August 2016, March 2018, and August 2019, the Board of Veterans’ Appeals remanded this claim to the AOJ for further development. Entitlement to service connection for a bilateral foot condition, to include plantar fasciitis, pes planus, pes cavus, corns, and callosities, and to include as secondary to service-connected disabilities An SSOC was issued on September 14, 2020 pertaining to the denial of the Veteran’s claim. On October 2, 2020, the Veteran elected to opt-in to the modernized review system under the AMA by submitting VA Form 20-0996 Request for Higher Level Review in response to the September 2020 SSOC. Accordingly, the Veteran's Legacy appeal for his claim is withdrawn. As the Veteran has withdrawn his Legacy appeal, the Board no longer has jurisdiction to adjudicate it, and it must be dismissed. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Debra B. McLoughlin, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.