Citation Nr: 21072104
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 17-19 399
DATE: December 2, 2021

ORDER

Entitlement to service connection for a back disability is dismissed.

Entitlement to service connection for flat feet (pes planus) is dismissed.

Entitlement to service connection for plantar fasciitis and hallus valgus is dismissed.

FINDING OF FACT

An October 2021 rating decision granted the claims of service connection for a back disability and flat feet. An October 2021 Supplemental Statement of the Case (SSOC) addressed entitlement to service connection for plantar fasciitis and hallus valgus. On October 29, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through her authorized representative, that she was satisfied with the decision to grant some issues on appeal and that a withdrawal of her appeal regarding entitlement to service connection for plantar fasciitis and hallus valgus, addressed in the SSOC, is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran through her authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING 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.  

Here, during the pendency of the appeal, the claims of service connection for a back disability and flat feet were granted. See October 2021 rating decision. As the benefit sought on appeal was granted in full (service connection) the matters are dismissed as there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the matters of service connection for a back disability and service connection for flat feet are dismissed.

An October 2021 SSOC addressed entitlement to service connection for plantar fasciitis and hallus valgus. On October 29, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through her authorized representative, that she was satisfied with the decision to grant some issues on appeal and that a withdrawal of her remaining issue on appeal regarding entitlement to service connection for plantar fasciitis and hallus valgus, addressed in the most recent SSOC, is requested. See Appeal Satisfaction Notice of October 2021. The Appeal Satisfaction Notice specifically instructs the Veteran to only return the document if she no longer wanted to pursue the remaining issues contained the SSOC. As the Veteran, through her representative, submitted the appeals satisfaction notice, the matter addressed in the SSOC is considered withdrawn. 

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 § 19.55.  Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 19.55.  

In the present case, the Veteran, through her authorized representative, has withdrawn this appeal and, hence, 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.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Gonzalez-Maldonado

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.