Citation Nr: 21008796
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 14-05 689
DATE: February 18, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In January 2021, prior to the promulgation of a decision, the Veteran, through his representative, withdrew his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, through his representative, have been 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 in the United States Navy from June 1995 to May 1999, and in the United States Marine Corps from May 1999 to October 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in August 2010 by a Department of Veterans Affairs (VA) Regional Office (RO). In October 2015, February 2018, June 2019, and October 2020, the Board remanded the appeal for additional development and it now returns for further appellate consideration. 

Entitlement to service connection for plantar fasciitis.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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 addition, for withdrawals not made on the record at a Board hearing, such must be in writing and include the file number and a statement that the appeal is withdrawn. Hembree v. Wilkie, 33 Vet. App. 1 (2020).  In January 2021, prior to the promulgation of a decision, the Veteran, through his representative, withdrew his appeal pertaining to the issue of entitlement to service connection for plantar fasciitis. In this regard, such statement was in writing, authored by the Veteran’s representative, included the correct file number, and explicitly identified the issue to be withdrawn. Therefore, 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.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.