Citation Nr: 21066492
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 19-36 015A
DATE: November 1, 2021

ORDER

A compensable rating for right foot pes planus and plantar fasciitis is dismissed.  

A compensable rating for allergic rhinitis is dismissed.  

A compensable initial rating for a fracture with malunion of the left 5th finger is dismissed.

Service connection for bilateral hearing loss is dismissed.  

FINDING OF FACT

On October 19, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, that a withdrawal of his appeals for compensable ratings for his right foot disability, allergic rhinitis, and a left 5th finger disability and a service connection claim for bilateral hearing loss, was requested.  

CONCLUSION OF LAW

The criteria for withdrawal for claims seeking compensable ratings for a right foot disability, allergic rhinitis, and a left 5th finger disability and the service connection claim for bilateral hearing loss have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 2001 to April 2002 and from December 2003 to March 2005.  The Veteran testified before the undersigned Veterans Law Judge (VLJ) on October 19, 2021.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 Veteran or by his authorized representative.  38 C.F.R. § 20.204.  Here, the Veteran informed the VLJ at the October 2021 Board hearing that he wished to withdraw this appeal and, 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 is dismissed.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Evan Fu, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.