Citation Nr: 21067203
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 17-14 165A
DATE: November 3, 2021

ORDER

Service connection for bilateral shin splints is dismissed. 

Service connection for bilateral cornea abrasions is dismissed. 

Entitlement to a higher (compensable) initial rating for the bilateral hallux valgus from November 3, 2015 is dismissed.

FINDING OF FACT

In July 2020, prior to the promulgation of a Board decision in the present appeal, the Veteran wrote requesting withdrawal of the issues of service connection for bilateral shin splints, service connection for bilateral cornea abrasions, and entitlement to a higher (compensable) initial rating for the bilateral hallux valgus from November 3, 2015.

CONCLUSIONS OF LAW

1. The criteria for the withdrawal of a substantive appeal have been met regarding the appeal for service connection for bilateral shin splints. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for the withdrawal of a substantive appeal have been met regarding the appeal for service connection for bilateral cornea abrasions. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

3. The criteria for the withdrawal of a substantive appeal have been met regarding the appeal for entitlement to a higher (compensable) initial rating for the bilateral hallux valgus from November 3, 2015. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

1. Service connection for bilateral shin splints is dismissed. 

2. Service connection for bilateral cornea abrasions is dismissed. 

3. Entitlement to a higher (compensable) initial rating for the bilateral hallux valgus from November 3, 2015 is dismissed. 

The Veteran served on active duty from January 28, 1969 to January 26, 1973, from October 1, 1982 to February 10, 1983 and from February 11, 1983 to September 30, 1987. This matter was on appeal from a July 2016 rating decision issued by the Regional Office (RO). The Veteran filed a notice of disagreement in January 2017. A statement of the case was issued in February 2017. The Veteran filed a substantive appeal (VA Form 9) in March 2017 and requested a hearing. 

In July 2020, the Veteran submitted correspondence to the record to withdraw the hearing request, and separately requested to withdraw the issues on appeal. Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. A veteran may withdraw a substantive appeal by telling the Board of the decision to withdraw either in writing or on the record at a Board personal hearing. 38 C.F.R. § 20.204.

In writing in July 2020, prior to the promulgation of a Board decision in the present appeal, the Veteran asked to withdraw the issues of service connection for bilateral shin splints, service connection for bilateral cornea abrasions, and entitlement to a higher (compensable) initial rating for the bilateral hallux valgus from November 3, 2015.

As the Veteran has withdrawn the appeal regarding these issues, there remain no allegations of errors of fact or law for appellate consideration as to these issues. See 38 U.S.C. § 7104. Accordingly, the Board does not have jurisdiction to review these issues, and the issues of service connection for bilateral shin splints, service connection for bilateral cornea abrasions, and entitlement to a higher (compensable) initial rating for the bilateral hallux valgus from November 3, 2015 will be dismissed.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Costantino, 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.