Citation Nr: 21040356
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 10-23 644
DATE: July 3, 2021

ORDER

The claim for entitlement to service connection for a recurrent right heel disability to include fracture residuals is dismissed.

The claim for entitlement to service connection for bilateral pes planus is dismissed.

The claim for entitlement to service connection for a right knee disability to include total knee replacement residuals is dismissed. 

FINDING OF FACT

In a June 2021 correspondence, the Veteran's representative communicated the Veteran's desire to withdraw the above-listed claims on appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the claims for service connection for a recurrent right heel disability to include fracture residuals, bilateral pes planus, and a right knee disability to include total knee replacement residuals (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. §19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 a recent June 2021 correspondence, the Veteran's representative communicated that the Veteran no longer wishes to pursue his claims for service connection for a recurrent right heel disability to include fracture residuals, bilateral pes planus, and a right knee disability to include total knee replacement residuals. Hence, there remain no allegations of errors of fact or law concerning these issues for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal as to these issues and they are dismissed.

The withdrawal is permissible under the Board's rules of practice. See 38 C.F.R. § 19.55. Given the Veteran's clear intent to withdraw his appeal, further action by the Board in this matter would not be appropriate. 38 U.S.C. § 7105.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kyle McKone

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.