Citation Nr: 21067587
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 17-31 170
DATE: November 4, 2021

ORDER

Service connection for a left foot disorder is dismissed.

FINDINGS OF FACT

1.  The Veteran had active duty from March 1956 to February 1960, and from March 1960 to May 1975.

2.  During his hearing before the Board on November 2, 2021, prior to the promulgation of a decision in the appeal, the Veteran requested withdrawal of the appeal as it related to the left foot.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal for service connection for a left foot disorder have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  

In a November 2019 VA Form 9, the Veteran indicated that it was a right foot, not a left foot disorder that he was appealing. At a pre-hearing conference before the Board, he again indicated his intent to withdrawn the issue as it related to the left foot. Therefore, 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.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.