Citation Nr: A21020657
Decision Date: 12/30/21	Archive Date: 12/29/21

DOCKET NO. 200908-108482
DATE: December 30, 2021

ORDER

The appeal regarding entitlement to an increased initial rating greater than 30 percent for pes planus/plantar fasciitis is dismissed.

FINDING OF FACT

In June 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to this issue currently pending before the Board.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal for an increased initial rating greater than 30 percent for pes planus/plantar fasciitis are met.  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 November 1988 to November 1992.  He appeals an August 2020 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) denying entitlement to an initial rating greater than 30 percent for pes planus/plantar fasciitis.  See September 2020 VA Form 10182.  A Board hearing was held in June 2021.  A transcript is of record.  Under the hearing docket, the Board is authorized to review the evidence considered by the AOJ up until the August 2020 rating decision, in addition to evidence submitted at the Board hearing or within 90 days of the Board hearing.  The Board notes other properly appealed issues were discussed at the June 2021 Board hearing; however, the remaining issues will not be adjudicated herein and will be addressed in separate Board decisions, if otherwise in order.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.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

At the June 2021 Board hearing, the Veteran explicitly and unambiguously withdrew his appeal regarding entitlement to an initial rating greater than 30 percent for pes planus/plantar fasciitis.  See June 2021 Board Hearing Tr. at 3.  Accordingly, the appeal is dismissed.  See 38 U.S.C. § 7105, 38 C.F.R. § 20.205. 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.