Citation Nr: 21029694
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 16-34 097
DATE: May 14, 2021

ORDER

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

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, in November 2020 correspondence, the Veteran withdrew his appeal concerning the issue of entitlement to an initial, compensable disability rating for service-connected hammer toes of the right foot.

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to an initial, compensable disability rating for hammer toes of the right foot have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably on active duty from January 1972 to January 1975.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2014 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). 

This matter was previously before the Board in November 2018, at which time it was remanded for additional development.

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

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204.

In November 2020 correspondence, the Veteran (along with an accompanying statement from his representative) indicated that he wished to withdraw his appeal for entitlement to a compensable rating for his hammer toes of the right foot. 

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.

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.