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 This renders the issue withdrawn and the appeal closed as to this matter.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.
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Entitlement to service connection for a right foot disorder is WITHDRAWN.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An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board issues a decision. 38 C.F.R. § 20.205(a), (b)(3).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 Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be filed with the Board in writing and are effective upon receipt.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Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be filed with the Board in writing and are effective upon receipt.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or appellant if other than the veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.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).
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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.