15-08 965 ( 2018 )

Citation Nr: 1829611
Decision Date: 06/27/18 Archive Date: 07/02/18
DOCKET NO. 15-08 965A ) DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in Roanoke, Virginia
THE ISSUE
Entitlement to a higher rating for bilateral pes planus, rated as noncompensable prior to October 27, 2017, and in excess of 50 percent since that date.
REPRESENTATION
Appellant represented by: Virginia Department of Veterans Services
ATTORNEY FOR THE BOARD
Department of Veterans Affairs
INTRODUCTION
The Veteran served on active duty from October 1985 to September 1988.
This appeal is before the Board of Veterans' Appeals (Board) on appeal from an April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
FINDING OF FACT
On April 10, 2018, prior to the promulgation of a decision in the appeal, the Board received a request from the Veteran, through his authorized representative, to withdraw the appeal for a higher rating for bilateral pes planus.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2014); 38 C.F.R. § 20.204 (2017).
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.A. § 7105 (West 2014). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2017). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.
ORDER
The appeal is dismissed.
DELYVONNE M. WHITEHEAD
Acting Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs