Citation Nr: 21068515
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 17-63 417
DATE: November 10, 2021

ORDER

Entitlement to a rating in excess of 50 percent for bilateral pes cavus is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal the issue of entitlement to an increased rating for bilateral pes cavus.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, as to the issue of entitlement to an increased rating for bilateral pes cavus, are met. 38 U.S.C. § 7105 (d); 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1978 to February 1998. This matter comes before the Board of Veterans' Appeals (Board) from a July 2016 rating decision, in which the agency of original jurisdiction (AOJ) awarded an increased (50 percent) disability rating for bilateral pes cavus, from June 10, 2015.

In July 2018, the AOJ awarded a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, from September 1, 2017.

Withdrawal of Appeal

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105 (d). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Appeal withdrawals must include the name of the veteran, the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. Id. 

In the present case, in October 2021, a statement from the Veteran was submitted in which he indicated that he wished to withdraw from appeal the issue of entitlement to an increased rating for bilateral pes cavus. This statement constitutes a valid withdrawal of the Veteran's appeal with respect to this issue, as it complies with the requirement of the applicable regulation by including the name of the Veteran, the last four digits of the applicable VA file number, and a statement that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1, 8 (2020) (written withdrawals need only comply with 38 C.F.R. § 20.204 (b), renumbered as 38 C.F.R. § 19.55(b)).

(CONTINUED ON NEXT PAGE)

As the Veteran has withdrawn the issue on appeal, there remains no specific determination with which the claimant disagrees. Accordingly, the Board does not have jurisdiction to review the issue on appeal, and the appeal as to this matter is dismissed. 

 

Jonathan Hager

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Elwood, 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.