Citation Nr: 21003611
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 10-41 698
DATE: January 22, 2021

ORDER

The appeal with respect to entitlement to service connection for a bilateral foot disorder (other than hallux valgus) is dismissed.

FINDING OF FACT

In February 2020, prior to the promulgation of an appellate decision, the Board received written notification from the Veteran that he wished to withdraw the present appeal.

CONCLUSION OF LAW

The criteria for the withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Air Force from July 1982 to May 1992.  His decorations include the Southwest Asia Service Medal.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2012 simplified notice letter (SNL)/rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Jackson, Mississippi. 

The issue on appeal was previously before the Board in December 2015, when it was remanded for additional development.

The Board recognizes that the Veteran has opted into the modernized review system under the Appeals Modernization Act (AMA) with respect to six other appellate issues that were remanded in December 2015 and addressed in an April 2020 supplemental statement of the case.  See 38 C.F.R. § 19.2(d)(2).  Those issues will be subject of a separate Board decision under the appropriate AMA docket.

Additionally, the Board notes that issues of entitlement to service connection for obstructive sleep apnea and diabetes appear to have been recently certified to the Board.  See December 2020 Regional Office letter (“We have certified your appeal to the Board.”)  As the appeal of those issues is awaiting additional intake processing by the Board and is not yet ready for adjudication, these two legacy issues will also be the subject of a later Board decision.

Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In February 2020, prior to the promulgation of an appellate decision, the Board received written notification from the Veteran that he wished to withdraw the present appeal; hence, 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 must be dismissed. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Gielow, 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.