Citation Nr: 18146586
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 16-10 972
DATE:	October 31, 2018
ORDER
Entitlement to an increased disability rating for a right knee disability is dismissed.
Entitlement to an increased disability rating for a left knee disability is dismissed.
FINDINGS OF FACT
1. In March 2017, VA received written notification that the Veteran requested to withdraw his increased rating claim for right knee disability.
2. In March 2017, VA received written notification that the Veteran requested to withdraw his increased rating claim for left knee disability.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the increased rating claim for right knee disability are met. 38 U.S.C. § 7105(d)(5) (2012); 38 C.F.R. § 20.204 (2018).
2. The criteria for withdrawal of the increased rating claim for left knee disability are met. 38 U.S.C. § 7105(d)(5) (2012); 38 C.F.R. § 20.204 (2018).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
As an initial matter, the Veteran filed the TDIU claim through VA form 21-8940 in April 2016. Through his attorney, the Veteran indicated that this was not a new claim for benefits, but rather part of the Veteran’s increased rating claims on appeal. When evidence of unemployability is submitted during the course of an appeal from an assigned disability rating, a claim for entitlement to a TDIU will be considered to have been raised by the record as “part and parcel” of the underlying claim. Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009). Given that the Veteran has requested that his increased rating claims be withdrawn, the Board will not address entitlement to a TDIU.
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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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. 
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The Veteran, through his attorney, submitted a written statement in March 2017 requesting that all pending VA claims and appeals be withdrawn. The Board finds that this written withdrawal is explicit, unambiguous, and 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; see also Acree v. O’Rourke, 891 F.3d 1009 (2018). Since the Veteran has withdrawn the issues, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the increased rating claims for bilateral knee disabilities, and the claims are dismissed.
 
THOMAS H. O'SHAY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Hite, Associate Counsel