Citation Nr: 23017477
Decision Date: 03/21/23	Archive Date: 03/21/23

DOCKET NO. 19-09 501
DATE: March 21, 2023

ORDER

Service connection for bilateral pes planus is dismissed.

 

FINDING OF FACT

In March 2022, prior to the promulgation of a Board decision, the Veteran withdrew the issue on appeal of service connection for bilateral pes planus.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of service connection for bilateral pes planus have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 2013 to June 2016.

The case is on appeal from a June 2017 rating decision.

Service connection for bilateral pes planus.

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.  An appeal may be withdrawn by the Veteran or representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.

In March 2022, the Veteran indicated that he is withdrawing the appeal.  He was notified of the issue on appeal and in correspondence dated March 2022, he stated he wishes to withdraw his appeal.

The Board finds that the Veteran's withdrawal of the appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  In this regard, the Veteran clearly stated that he wishes to withdraw the issue remaining on appeal.

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the issue on appeal is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Isaacs, Brandon

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.