Citation Nr: 21063660
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 14-10 687
DATE: October 15, 2021

ORDER

The appeal for entitlement to service connection for a right foot disability, to include the residuals of a right great toe fracture, calcaneal spurs, pes planus, right ankle strain, and right Achilles' tendonitis, is dismissed.

The appeal for entitlement to service connection for left ear hearing loss is dismissed.

The appeal for entitlement to a rating in excess of 10 percent for a left knee disability is dismissed.

The appeal for entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

Prior to promulgation of a decision, the Board received a form signed by both the Veteran and his representative requesting a complete withdrawal of all pending appeals, to include entitlement to service connection for a right foot disability, entitlement to service connection for left ear hearing loss, entitlement to a rating in excess of 10 percent for a left knee disability, and entitlement to a TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal for entitlement to service connection for a right foot disability, entitlement to service connection for left ear hearing loss, entitlement to a rating in excess of 10 percent for a left knee disability, and entitlement to a TDIU, are 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 United States Air Force from October 1969 to January 1976. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from March 2010, May 2013, April 2016, May 2016, and September 2016 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

In October 2018, the Veteran testified before the undersigned.  In June 2019, the Board remanded these matters for further development.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 the present case, the Veteran, through his authorized representative, submitted a written statement signed by both the Veteran and his representative expressing that he wished to withdraw all remaining issues associated with his appeal and any remaining issues contained in the July 2021 Supplemental Statement of the Case.  

Accordingly, as the Veteran has withdrawn his appeal consistent with 38 C.F.R.     § 19.55, there remain no allegations of errors of fact or law for appellate consideration.  Hembree v. Wilkie, 33 Vet. App. 1 (2020) ( Written requests to withdraw an issue on appeal in the legacy system are governed by 38 C.F.R.          § 20.204(b) (redesignated as 38 C.F.R. § 19.55(b), effective February 19, 2019), and do not require the Board to address whether such withdrawal was done with a full understanding of the consequences of such action by the appellant). 

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

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Rouse, 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.