Citation Nr: 21028327
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 15-18 006
DATE: May 11, 2021

ORDER

The appeal for entitlement to rating in excess of 30 percent for bilateral pes planus prior to October 16, 2019, and in excess of 50 percent thereafter is dismissed.  

FINDING OF FACT

In February 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from January 1980 to January 1983.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2013 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA).

In September 2018, the Veteran presented testimony at a video conference hearing before the undersigned Veterans Law Judge.  A transcript of this hearing is of record.

This matter was previously before the Board in October 2018, when it was remanded for further development.  It now returns for appellate review.

Additionally, during the pendency of the claim for an increased rating for Veteran's bilateral pes planus, an April 2015 rating decision granted a 30 percent rating effective July 10, 2012, the date of the claim for increase.  A January 2020 rating decision also granted a 50 percent effective October 16, 2019.  Because these awards does not represent a grant of the maximum benefits allowable under the VA Schedule for Rating Disabilities for the entire appeal period, the Veteran's appeal as to this issue remains for Board consideration.  AB v. Brown, 6 Vet. App. 35, 38 (1993). 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  In the present case, the Veteran, in February 2020 correspondence, withdrew 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.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Espinoza, 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.