Citation Nr: 18147246
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 09-09 169
DATE:	November 2, 2018
ORDER
Entitlement to service connection for diabetes mellitus, to include as due to herbicide exposure, is dismissed.
Entitlement to an evaluation in excess of 10 percent for degenerative joint disease (DJD) of the left knee is dismissed.
Entitlement to an evaluation in excess of 20 percent for left medial meniscectomy with moderate instability is dismissed.
FINDINGS OF FACT
1. In September 2018, the Veteran requested to withdraw his appeal for the issue of entitlement to service connection for diabetes mellitus, to include as due to herbicide exposure.
2. In September 2018, the Veteran requested to withdraw his appeal for the issue of entitlement to an evaluation in excess of 10 percent for DJD of the left knee.
3. In September 2018, the Veteran requested to withdraw his appeal for the issue of entitlement to an evaluation in excess of 20 percent for left medial meniscectomy with moderate instability.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for diabetes mellitus, to include as due to herbicide exposure, are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.101, 20.202, 20.204.
2.  The criteria for withdrawal of the appeal of the issue of entitlement to an evaluation in excess of 10 percent for DJD of the left knee, are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.101, 20.202, 20.204.
3. The criteria for withdrawal of the appeal of the issue of entitlement to an evaluation in excess of 20 percent for left medial meniscectomy with moderate instability, are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.101, 20.202, 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from July 1969 to May 1971, including service in the Republic of Vietnam.
This matter comes before the Board of Veterans’ Appeals (Board) from January 2007 and August 2008 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran filed notices of disagreement in September 2008 and December 2008.  The RO issued the Veteran a statement of the case (SOC) regarding his claim for entitlement to service connection for diabetes mellitus in January 2009.  The Veteran filed a VA Form-9 in March 2009.
The Veteran testified before the Board at a hearing that was held at the RO in July 2010.  A transcript of that hearing is of record.
This case was previously before the Board in December 2011 when it was remanded for further development, to include having the RO issue an SOC for the Veteran’s claims for increased ratings for his left knee disability.
Pursuant to the December 2011 Board remand, the RO issued the Veteran an SOC regarding his increased rating claims for his left knee disability in January 2013.  The Veteran filed a VA Form-9 in March 2013 and did not elect an optional Board hearing.
1. Withdrawal of Claims
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 on the record at a hearing or in writing 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.  Id.  
The Veteran requested to withdraw his appeal as to the issues of entitlement to service connection for diabetes mellitus, to include as due to herbicide exposure; entitlement to an evaluation in excess of 10 percent for DJD of the left knee; and entitlement to an evaluation in excess of 20 percent for left medial meniscectomy with moderate instability by correspondence submitted in September 2018.  Therefore, the Veteran’s appeals for these issues are withdrawn.  See 38 C.F.R. § 20.204.
 
DEBORAH W. SINGLETON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Morrad, Associate Counsel