Citation Nr: 18146470
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 10-46 377
DATE:	October 31, 2018
ISSUES
1. Entitlement to a disability rating greater than 10 percent for right knee osteoarthritis, status post arthrotomy. 
2. Entitlement to a disability rating greater than 10 percent prior to November 1, 2009, and to a compensable disability rating from November 1, 2009, for right knee subluxation.
ORDER
Entitlement to a disability rating greater than 10 percent for right knee osteoarthritis, status post arthrotomy, is dismissed. 
Entitlement to a disability rating greater than 10 percent prior to November 1, 2009, and to a compensable disability rating from November 1, 2009, for right knee subluxation is dismissed.
FINDING OF FACT
In August 2018 correspondence, as well as prior to the promulgation of a decision in the appeals, the Veteran withdrew his Substantive Appeal with respect to the issues of entitlement to a disability rating greater than 10 percent for right knee osteoarthritis, status post arthrotomy; and entitlement to a disability rating greater than 10 percent prior to November 1, 2009, and to a compensable disability rating from November 1, 2009, for right knee subluxation.
CONCLUSION OF LAW
The criteria for withdrawal of the issues of entitlement to a disability rating greater than 10 percent for right knee osteoarthritis, status post arthrotomy; and entitlement to a disability rating greater than 10 percent prior to November 1, 2009, and to a compensable disability rating from November 1, 2009, for right knee subluxation have been met. 38 U.S.C. § 7105 (b) (2), (d) (5) (West 2014); 38 C.F.R. § 20.204 (2017).
BACKGROUND INFORMATION
The Veteran served on active duty in the U.S. Marine Corps from July 1974 to July 1978.
This case is before the Board of Veterans’ Appeals (Board) on appeal from a March 2009 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA). 
When this case was previously before the Board in September 2017, it was remanded for additional evidentiary development. It has since been returned to the Board for further appellate action.
DISMISSED CLAIMS
The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204 (2017). In August 2018 correspondence, as well as prior to the promulgation of a decision in the appeal, the Veteran withdrew his Substantive Appeal with respect to the issues of entitlement to a disability rating greater than 10 percent for right knee osteoarthritis, status post arthrotomy; and entitlement to a disability rating greater than 10 percent prior to November 1, 2009, and to a compensable disability rating from November 1, 2009, for right knee subluxation and, therefore, there remain no allegations of errors of fact or law for appellate consideration regarding these issues. Accordingly, the Board does not have jurisdiction to review the appeal, and they are dismissed.
 
MICHAEL A. PAPPAS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R.M.K., Counsel