Citation Nr: 1304293	
Decision Date: 02/06/13    Archive Date: 02/19/13

DOCKET NO.  06-35 634	)	DATE
	

On appeal from the Department of Veterans Affairs Regional Office 
in Providence, Rhode Island


THE ISSUE

Entitlement to an increased evaluation for osteoarthritis of the left knee, currently evaluated as 10 percent disabling for limitation of flexion, and 10 percent disabling for limitation of extension prior to December 16, 2011, and 30 percent disabling thereafter. 


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

H. Hoeft, Counsel



INTRODUCTION

The Veteran served on active duty from December 1977 to July 1978. 

This matter came before the Board of Veterans' Appeals (Board) in November 2009, on appeal from a September 2005 rating decision by the RO that, in pertinent part, denied the Veteran's claim for an evaluation in excess of 10 percent for osteoarthritis of the left knee.  The Board granted an additional, separate 10 percent rating for limitation of extension of the left knee, but otherwise denied the claim for an increase.  

The Veteran appealed the Board's November 2009 decision to the United States Court of Appeals for Veterans Claims (Court).  In November 2010, the parties to the appeal filed a Joint Motion for Remand of the Board's decision (Joint Motion).  The Court granted the Motion later that same month, thereby vacating the Board's decision and returning the case to the Board for further consideration.  

In January 2011, and again in October 2011, the Board remanded the case to the RO, via the Appeals Management Center (AMC) in Washington, D.C., for further development.  

After conducting the development requested by the Board upon remand, the RO granted an increased evaluation of 30 percent, effective December 16, 2011, for limitation of extension of the left knee.  The Veteran was notified of this determination in an October 2012 Supplemental Statement of the Case (SSOC) and in a November 2012 rating decision.  In an "Appeals Satisfaction Notice" letter received by the Board on November 29, 2012, (and signed and dated on November 16, 2012), the Veteran indicated that he was satisfied with the decision rendered and wished to withdraw any remaining issues that had been remanded to the AMC by the Board for further development. 





FINDINGS OF FACT

In a November 2012 signed statement, the Veteran indicated that he wished to withdraw his appeal with respect to the claim for an increased evaluation for a left knee disability; as of that date, the Board had not yet promulgated a final decision on the issue presented.


CONCLUSION OF LAW

The Veteran's appeal regarding an increased evaluation for the service-connected left knee disability has been withdrawn. 38 U.S.C.A. § 7105(d) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

In a November 2012 statement entitled "Appeals Satisfaction Notice," the Veteran indicated that he was satisfied and wished to withdraw his appeal as to the issue which had been remanded by the Board.  He signed and dated the notice. 

An appellant, or his authorized representative, may withdraw an appeal to the Board by doing so in writing at any time before the Board issues its final decision. 38 C.F.R. § 20.204(b).  When he or she does so, the withdrawal effectively creates a situation where there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed.  Consequently, in such an instance, dismissal is appropriate. 38 U.S.C.A. § 7105(d).

Because the Veteran has expressed a desire to terminate his appeal as to this claim and because the Board had not yet promulgated an appellate decision at the time of the request for withdrawal, the legal requirements for proper withdrawal have been satisfied. 38 C.F.R. § 20.204.  Further action by the Board is not appropriate, and the appeal will be dismissed. 38 U.S.C.A. § 7105(d).


ORDER

The appeal for an increased evaluation for osteoarthritis of the left knee, currently evaluated as 10 percent disabling for limitation of flexion, and 10 percent disabling for limitation of extension prior to December 16, 2011, and 30 percent disabling thereafter, is dismissed. 




______________________________________________
WAYNE M. BRAEUER
Veterans Law Judge, Board of Veterans' Appeals