Citation Nr: 18145927 Decision Date: 10/30/18 Archive Date: 10/30/18 DOCKET NO. 14-39 535 DATE: October 30, 2018 ORDER The appeal with respect to entitlement to a rating in excess of 30 percent status post right total knee arthroplasty and right knee instability (hereinafter “right knee disability”) since April 1, 2015 is dismissed. The appeal with respect to entitlement to an initial rating in excess of 10 percent for trochanteric bursitis of the right hip for limitation of abduction is dismissed. The appeal with respect to entitlement to an initial rating in excess of 10 percent for trochanteric bursitis of the left hip for limitation of adduction is dismissed. The appeal with respect to entitlement to an initial compensable rating for trochanteric bursitis of the right hip for limitation of extension is dismissed. The appeal with respect to entitlement to an initial compensable rating for trochanteric bursitis of the left hip for limitation of extension is dismissed. The appeal with respect to entitlement to an initial compensable rating for trochanteric bursitis of the right hip for limitation of flexion is dismissed. The appeal with respect to entitlement to an initial compensable rating for trochanteric bursitis of the left hip for limitation of flexion is dismissed. FINDING OF FACT In March 2017, prior to the promulgation of a decision in the appeal, the Veteran’s representative reported that the Veteran wished to withdraw his pending appeal before the Board. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal with respect to the issue of entitlement to a rating in excess of 30 percent for right knee disability since April 1, 2015 have been met. 38 U.S.C. § 7105(d)(5) (2012); 38 C.F.R. § 20.204 (2018). 2. The criteria for withdrawal of the appeal with respect to the issue of entitlement to an initial rating in excess of 10 percent for trochanteric bursitis of the right hip for limitation of adduction have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 3. The criteria for withdrawal of the appeal with respect to the issue of entitlement to an initial rating in excess of 10 percent for trochanteric bursitis of the left hip for limitation of adduction have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 4. The criteria for withdrawal of the appeal with respect to the issue of entitlement to an initial compensable rating for trochanteric bursitis of the right hip for limitation of extension have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 5. The criteria for withdrawal of the appeal with respect to the issue of entitlement to an initial compensable rating for trochanteric bursitis of the left hip for limitation of extension have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 6. The criteria for withdrawal of the appeal with respect to the issue of entitlement to an initial compensable rating for trochanteric bursitis of the right hip for limitation of flexion have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 7. The criteria for withdrawal of the appeal with respect to the issue of entitlement to an initial compensable rating for trochanteric bursitis of the left hip for limitation of flexion have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from July 1963 to March 1968. In the June 2014 VA rating decision on appeal, the Regional Office (RO) assigned the service-connected right knee disability the maximum 100 percent disability rating, effective from February 13, 2014 to March 31, 2015, and a 30 percent disability rating thereafter. Since the 30 percent disability rating is not the maximum rating available during the appeal period since April 1, 2015, the issue has been characterized accordingly. See AB v. Brown, 6 Vet. App. 35 (1993). 1. Entitlement to a rating in excess of 30 percent for right knee disability since April 1, 2015 2. Entitlement to an initial rating in excess of 10 percent for trochanteric bursitis of the right hip for limitation of adduction 3. Entitlement to an initial rating in excess of 10 percent for trochanteric bursitis of the left hip for limitation of adduction 4. Entitlement to an initial compensable rating for trochanteric bursitis of the right hip for limitation of extension 5. Entitlement to an initial compensable rating for trochanteric bursitis of the left hip for limitation of extension 6. Entitlement to an initial compensable rating for trochanteric bursitis of the right hip for limitation of flexion 7. Entitlement to an initial compensable rating for trochanteric bursitis of the left hip for limitation of flexion The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105(d)(5). A substantive appeal may be withdrawn at any time before the Board promulgates a decision and must be in writing except for appeals withdrawn on the record at a hearing. 38 C.F.R. § 20.204. (Continued on the next page)   In this case, the issues of entitlement to a higher rating for right knee disability and higher initial ratings for right and left hip disabilities were developed for appeal. In March 2017, prior to the promulgation of a decision in the appeal, the Veteran’s representative reported that the Veteran wished to withdraw his pending appeal before the Board. As the Veteran has withdrawn his appeal of these issues, there remains no allegation of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and the appeal is dismissed. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Carter, Counsel