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Board of Veterans' Appeals · AMA series

Entitlement to service connection for a right foot disorder is WITHDRAWN.

July 30, 2026Citation Nr. A26069964Docket 211101-194945va.gov source

  • service connection for a right foot disorderDismissed

Board reasoning

The Board found that the Veteran withdrew the appeal for entitlement to service connection for a right foot disorder at the August 2025 Board hearing, determining the withdrawal was knowing, voluntary, clear, and unambiguous. This renders the issue withdrawn and the appeal closed as to this matter. The withdrawal effectively ends the Board’s consideration of the right foot disorder claim, with the remainder of the appeal not addressing this issue.

Authorities

  • Acree v. O'Rourke, 891 F.3d 1009Used to support that withdrawal must be knowing and voluntary per case law.
Citation Nr: A26069964 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 211101-194945 DATE: July 30, 2026 ORDER Entitlement to service connection for a right foot disorder is WITHDRAWN. FINDING OF FACT On August 1, 2025, prior to the issuance of a decision on the merits, the Veteran withdrew, in whole, the appeal seeking service connection for a right foot disorder. CONCLUSION OF LAW The criteria for withdrawal of service connection for a right foot disorder by the Veteran are met. 38 C.F.R. § 20.205. FACTUAL AND PROCEDURAL HISTORY The Veteran had active service in the Armed Forces from September 2012 until September 2013. The appeal was adjudicated pursuant to the modernized review system. REASONS AND BASES FOR THE FINDING AND CONCLUSION Legal Criteria An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board issues a decision. 38 C.F.R. § 20.205(a), (b)(3). Withdrawal may be made by the appellant or by his or her authorized representative. Id. § 20.205(a). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be filed with the Board in writing and are effective upon receipt. Id. § 20.205(b)(2), (b)(3). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be filed with the Board in writing and are effective upon receipt. Id. § 20.205(b) (2), (b)(3). A written withdrawal must include (1) the name of the veteran or the name of the claimant or appellant if other than the veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Id. § 20.205(b)(1). (CONTINUED ON NEXT PAGE) Entitlement to service connection for a right foot disorder At his August 2025 Board hearing, on the record and prior to the issuance of a decision in the instant matter, the Veteran withdrew the issue of entitlement to service connection for a right foot disorder. The Board is satisfied this withdrawal was knowing and voluntary, clear and unambiguous in accordance with the case law. Acree v. O'Rourke, 891 F.3d 1009 (2018). Accordingly, the withdrawal is effective, and the appeal is withdrawn. Id. TIFFANY HANSON Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.Y.R., 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.