Citation Nr: 21069086
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 18-49 131
DATE: November 17, 2021

ORDER

The appeal for entitlement to service connection for residuals of a right foot injury is dismissed.

FINDING OF FACT

In August 2021, prior to promulgation of a decision in this appeal, the Board received notification from the Veteran that he wished to withdraw his appeal seeking service connection for residuals of a right foot injury.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met with regard to the claim seeking service connection for residuals of a right foot injury.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1993 to May 2000.

This matter is before the Board of Veterans' Appeals (Board) on appeal of a June 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id. 

In the present case, the Veteran submitted a VA Form 21-4138 in August 2021 expressing his wish to "withdraw [his] claim on [his] right foot."  Review of the record shows the Veteran had appealed the matter of service connection for residuals of a right foot injury and he was scheduled for a Board hearing on November 15, 2021 as to this claim.  Hence, the Board finds that the Veteran has withdrawn his appeal, and there remain no allegations of errors of fact or law for appellate consideration as to the claim for service connection for residuals of a right foot injury.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed in its entirety.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K Hughes

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.