Citation Nr: 21014463
Decision Date: 03/12/21	Archive Date: 03/12/21

DOCKET NO. 20-21 363
DATE: March 12, 2021

ORDER

The appeal as to the issue of whether the reduction in the rating for service-connected right knee degenerative joint disease from 30 percent to 10 percent, effective January 1, 2018, is dismissed.

The appeal as to the issue of entitlement to service connection for ringing in both ears is dismissed.

The appeal as to the issue of entitlement to service connection for right ankle strain is dismissed.

The appeal as to the issue of entitlement to service connection for left ankle pain is dismissed.

The appeal as to the issue of entitlement to service connection for plantar fasciitis, DJD, onychomycosis, pes planus and calcaneal spurs (claimed as right foot) is dismissed.

The appeal as to the issue of entitlement to service connection for plantar fasciitis, DJD, onychomycosis, pes planus and calcaneal spurs (claimed as left foot) is dismissed.

The appeal as to the issue of entitlement to service connection for posttraumatic stress disorder is dismissed.

FINDING OF FACT

On March 3, 2021, prior to the promulgation of a decision in the appeal, the Board received written notice from the Veteran’s attorney that the Veteran wished to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, through his attorney, 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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  

In the present case, in February 2021, the Veteran informed the AOJ that he wished to withdraw his entire appeal.  See February 2021 VA Form 27-0820, Report of General Information.  This intention was later confirmed by the Veteran’s attorney in a March 2021 letter. When the attorney stated that the Veteran wished to formally withdraw the appeal before the Board.  As a result, there remain no allegations of errors of fact or law for appellate consideration at this time.  

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Accordingly, the Board does not have jurisdiction to review issues on appeal and they are dismissed.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	James R. Springer, 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.