Citation Nr: 21006445
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 12-20 662
DATE: February 4, 2021

ORDER

Entitlement to a compensable rating for bilateral pes planus prior to June 1, 2018, and in excess of 10 percent thereafter is dismissed.

Entitlement to an initial compensable rating for right hammer toes is dismissed.

Entitlement to an initial compensable rating for left hammer toes is dismissed

Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) is dismissed.

FINDINGS OF FACT

In written correspondence received by VA on January 4, 2021, prior to promulgation of a decision on the appeal, the Veteran withdrew his appeal as to the issues of entitlement to a compensable rating for bilateral pes planus prior to June 1, 2018, and in excess of 10 percent thereafter, entitlement to an initial compensable rating for left and right hammer toes, and entitlement to service connection for an acquired psychiatric disability, to include PTSD. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal for entitlement to a compensable rating for bilateral pes planus prior to June 1, 2018, and in excess of 10 percent thereafter have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of an appeal for entitlement to an initial compensable rating for right hammer toes have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

3. The criteria for withdrawal of an appeal for entitlement to an initial compensable rating for left hammer toes have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

4. The criteria for withdrawal of an appeal for entitlement to service connection for an acquired psychiatric disability, to include PTSD, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from July 1977 until October 1981.

This mater comes before the Board of Veterans’ Appeals (Board) on appeal from January 2010 and March 2010 Department of Veterans Affairs (VA) regional office (RO) rating decisions.

The Board denied these claims in October 2016.  However, in May 2017, the United States Court of Appeals for Veterans Claims (Court) granted a joint motion for remand and remanded the claims back to the Board for further consideration.

Consistent with the Court’s order, the Board remanded these claims for further development in December 2017.  The claims now return to the Board.

Withdrawn Appeals

In correspondence received by VA on January 4, 2021, prior to the promulgation of a decision on the appeal, the Veteran withdrew his appeal as to all issues listed in the title page of this decision. 

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 has withdrawn his appeal regarding the four (4) issues listed in the title page of this decision, 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 of these matters and they are dismissed without prejudice. 

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Finelli, 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.