Citation Nr: 21069363
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 16-19 127A
DATE: November 18, 2021

ORDER

Entitlement to a rating in excess of 10 percent for left foot plantar fasciitis with calcaneal spurs from March 22, 2012 is dismissed.

Entitlement to a rating in excess of 10 percent for right foot plantar fasciitis from March 22, 2012 is dismissed.

Entitlement to an effective date prior to October 4, 2016 for a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

On September 22, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant's authorized representative, that a withdrawal of all issues on appeal is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for left foot plantar fasciitis with calcaneal spurs by the appellant's authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for right foot plantar fasciitis by the appellant's authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the issue of entitlement to TDIU by the appellant's authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran, who is the appellant, served on active duty from May 1984 to April 1989, and from May 1989 to June 2007.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  The Board remanded these matters for additional development in May 2020 and May 2021.

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c).  38 U.S.C. § 7107(a)(2).

1. Entitlement to a rating in excess of 10 percent for left foot plantar fasciitis with calcaneal spurs from March 22, 2012.

2. Entitlement to a rating in excess of 10 percent for right foot plantar fasciitis from March 22, 2012.

3. Entitlement to an effective date prior to October 4, 2016 for TDIU.

Issues 1  3:  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.

In the present case, the appellant, through his authorized representative, has withdrawn this appeal as to all issues and, hence, there remain no allegations of errors of fact or law for appellate consideration.  The September 2021 written correspondence contained the Veteran's name and claim number, a statement that all issues on appeal are withdrawn, and included the authorized representative's name and signature.  See Third Party Correspondence (September 2021). In October 2021, this representative withdrew from the case.

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Emily Tamlyn

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Thaddaeus J. Cox, 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.