Citation Nr: 18146544 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 13-25 579 DATE: October 31, 2018 ORDER Entitlement to a compensable rating for bilateral hearing loss from November 2, 2010; in excess of 10 percent for the period from November 30, 2016 to May 2, 2018; and in excess of 40 percent from May 2, 2018 is dismissed. Entitlement to a rating in excess of 10 percent for left knee degenerative joint disease for the period from February 11, 2009 through May 28, 2015 is dismissed. Entitlement to a rating in excess of 30 percent for left knee osteoarthritis status post left total knee arthroplasty for the period from July 1, 2016 to November 30, 2016; and in excess of 60 percent from November 30, 2016 is dismissed. Entitlement to a rating in excess of 10 percent for right knee chondromalacia for the period from February 11, 2009 through May 12, 2016 is dismissed. Entitlement to a rating in excess of 30 percent for right knee status post arthroplasty from July 1, 2017 is dismissed. FINDINGS OF FACT In correspondence received in July 2018, prior to the promulgation of a decision in the appeal, the Veteran’s attorney indicated that the Veteran wished to withdraw his appeal as to the issues addressed in the supplemental statement of the case (SSOC) dated May 2018. CONCLUSIONS OF LAW The criteria for withdrawal of an appeal have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1973 to December 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi, which continued a 10 percent evaluation for right knee chondromalacia; continued a 10 percent evaluation for left knee degenerative joint disease; continued a noncompensable evaluation for left ear hearing loss; and continued a previous denial of service connection for right ear hearing loss. The Veteran filed a notice of disagreement (NOD) in February 2012. A Statement of the Case (SOC) was issued in June 2013. The Veteran filed a Form 9 in August 2013. Before the appeal was certified to the Board, the Veteran underwent left knee arthroplasty in May 2015. In an October 2015 rating decision, the Veteran’s service-connected left knee disability was recharacterized as left knee osteoarthritis status post left total knee arthroplasty and the rating for that disability was increased to 100 percent effective May 28, 2015. An evaluation of 30 percent was assigned from July 1, 2016. The Veteran underwent right knee arthroplasty in May 2016. In a September 2016 rating decision, the Veteran’s right knee chondromalacia with a 10 percent evaluation was reclassified as right knee status post total arthroplasty and the rating for that disability was increased to 100 percent effective May 12, 2016. An evaluation of 30 percent was assigned from July 1, 2017. In an April 2018 rating decision, the Veteran’s left knee osteoarthritis status post left total knee arthroplasty, which had been evaluated at 30 percent, was increased to 60 percent effective November 30, 2016. In a May 2018 rating decision, the Veteran was granted service connection for right ear hearing loss, effective November 2, 2010, and rated bilaterally with the Veteran’s service-connected left ear hearing loss. The noncompensable rating was continued for bilateral hearing loss. An evaluation of 10 percent was assigned for bilateral hearing loss from November 30, 2016 and of 40 percent was assigned from May 2, 2018. In May 2018, the RO issued an SSOC addressing the issues listed on the cover page of this decision. As set forth below, the Veteran has indicated that he wishes to withdraw his appeal as to these issues. Accordingly, the appeal has been dismissed below. The Board notes that there is currently another appeal for service connection claims for right and left leg conditions. This appeal has not yet been certified to the Board. According to the available record, the RO is still working on these claims. Therefore, the Board will not address those issues in this decision. Withdrawal Under applicable criteria, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal as to any or all issues involved in the appeal may be withdrawn on the record at a hearing or in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204. Withdrawal may be made by an Veteran or by his or her authorized representative. Id. In the present case, in correspondence received in July 2018, the Veteran’s attorney indicated that the Veteran wished to withdraw his appeal with respect to the issues listed in the SSOC dated May 2018. The Board finds that this written statement constitutes an explicit and unambiguous withdrawal of the aforementioned issues. Again, the Veteran is represented by counsel and, thus, the Board finds that the withdrawal was done with a full understanding of the consequences of such action. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); 38 C.F.R. § 20.204 (2017); see also Acree v. O’Rourke, 891 F.3d 1009 (2018). Hence, there remain no allegations of fact or law for appellate consideration with respect to the issues listed above in the order portion of this decision. Under these circumstances, the issues are no longer within the Board’s jurisdiction. See Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc) aff’d, 39 F.3d 1574 (Fed. Cir. 1994) (holding that the Board is without the authority to proceed on an issue if the claimant indicates that consideration of that issue should cease). Accordingly, the Board does not have jurisdiction to review the appeal of the issues, and it is dismissed. K. Conner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Ruddy, Associate Counsel