Citation Nr: 18146352
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 16-42 836
DATE:	October 31, 2018
ORDER
The appeal of entitlement to a rating in excess of 10 percent for right knee patellofemoral syndrome (hereinafter “right knee disability”) is dismissed.
The appeal of entitlement to a rating in excess of 10 percent for left knee patellofemoral syndrome (hereinafter “left knee disability”) is dismissed.
FINDING OF FACT
On January 31, 2018, prior to the promulgation of a decision by the Board, the Veteran’s representative indicated in a written statement that the Veteran wished to withdraw his appeal as to the claims for entitlement to a rating in excess of 10 percent for a right knee disability and entitlement to a rating in excess of 10 percent for a left knee disability.
CONCLUSION OF LAW
The criteria for the withdrawal of the appeal as to the claims for entitlement to a rating in excess of 10 percent for a right knee disability and entitlement to a rating in excess of 10 percent for a left knee disability have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from August 1977 to January 1982.  These matters are on appeal from a January 2016 rating decision.
Withdrawn Appeals
The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104 (2012); 38 C.F.R. § 20.101 (2018).  Under 38 U.S.C. § 7105, the Board may dismiss any appeal that 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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204 (2018).
In a January 31, 2018 written statement, prior to the promulgation of a decision by the Board, the Veteran’s representative expressed the Veteran’s intent to withdraw his appeal as to the claims for entitlement to a rating in excess of 10 percent for a right knee disability and entitlement to a rating in excess of 10 percent for a left knee disability.  As there are no allegations of error of fact or law remaining for appellate consideration at this time, the appeal is dismissed.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Houle, Associate Counsel