Citation Nr: 1319641 Decision Date: 06/18/13 Archive Date: 06/27/13 DOCKET NO. 08-23 596 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUES 1. Entitlement to service connection for a right knee disorder, including residuals of a meniscectomy. 2. Entitlement to service connection for a right hip disorder to include as secondary to the right knee disorder. 3. Entitlement to service connection for a left knee disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD M. Hannan, Counsel INTRODUCTION The Veteran appellant had active duty in the United States Marine Corps from June 1972 to June 1976. This case originally came before the Board of Veterans' Appeals (Board) on appeal from a July 2008 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota. In July 2011, a Board videoconference hearing was conducted before the undersigned Veterans Law Judge who was designated by the Chairman to conduct that hearing pursuant to 38 U.S.C.A. § 7107. A transcript of that hearing has been associated with the claims file. The Board remanded the case for additional development in September 2011. The case has now been returned to the Board for appellate review. In addition to the paper claims file, there is an electronic file (Virtual VA) associated with the claims. Virtual VA does not currently contain evidence pertinent to the claims that is not already included in the paper claims file. FINDINGS OF FACT 1. Prior to the promulgation of a decision on the appeal, the Veteran withdrew his appeal as to the issue of entitlement to service connection for a left knee disorder in a written statement received in April 2012. 2. Prior to the promulgation of a decision on the appeal, the Veteran's representative withdrew the Veteran's appeal as to the issues of entitlement to service connection for a right knee disorder and a right hip disorder in a written statement dated December 11, 2012. CONCLUSION OF LAW The criteria for withdrawal by the Veteran of his Substantive Appeal on the issues of entitlement to service connection for a right knee disorder, a right hip disorder and a left knee disorder have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). REASONS AND BASES FOR FINDINGS AND CONCLUSION Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b). In August 2008, the Veteran filed a substantive appeal (VA Form 9) with respect to his claims of entitlement to service connection for a right knee disorder and a right hip disorder. In September 2011, the Board found that the issue of entitlement to service connection for a left knee disorder was also on appeal as per the holding of the United States Court of Appeals for Veterans Claims (Court) in Clemons v. Shinseki, 23 Vet. App. 1 (2009). A VA Form 21-0820 (Report of General Information), dated March 26, 2012, reflects that the Veteran called to ask that any reference to his left knee be removed as it had nothing to with his appeal. He followed this telephone call up with a written statement that was received in April 2012. The Veteran wrote that he did not have any left knee problem, just a right leg (knee and hip) problem and thereby indicated that he wanted to withdraw his appeal as to his issue of entitlement to service connection for a left knee disorder. Thereafter, in December 2012, the Veteran's representative submitted a written statement in which he said that the Veteran was requesting that his appeal for his right leg condition be withdrawn. The evidence of record shows that the appellant withdrew his appeal for his claims of entitlement to service connection for a right knee disorder, a right hip disorder and a left knee disorder. Therefore, the appeals as to those three service connection claims have been withdrawn. See 38 C.F.R. § 20.204. As the Veteran has withdrawn his appeal as to these three service connection issues on appeal, there remain no allegations of error of fact or law for appellate consideration on the claims. Accordingly, the Board does not have jurisdiction to review the appeal as to the appellant's claims of entitlement to a right knee disorder, a right hip disorder and a left knee disorder. Therefore, said three issues are dismissed, without prejudice. ORDER The appeal of the claims for service connection for a right knee disorder, a right hip disorder and a left knee disorder is dismissed. ____________________________________________ KATHLEEN K. GALLAGHER Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs