Citation Nr: 18147366
Decision Date: 11/05/18	Archive Date: 11/05/18

DOCKET NO. 09-35 444
DATE:	November 5, 2018
ORDER
The appeal to establish entitlement to increased ratings for status-post left total knee arthroplasty is dismissed.
The appeal to establish entitlement to increased ratings for right knee degenerative joint disease is dismissed.
FINDINGS OF FACT
1. Prior to promulgation of a decision by the Board, the Veteran withdrew his appeal seeking to establish entitlement to increased ratings for status-post left total knee arthroplasty.
2. Prior to promulgation of a decision by the Board, the Veteran withdrew his appeal seeking to establish entitlement to increased ratings for right knee degenerative joint disease.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim seeking increased ratings for status-post left total knee arthroplasty.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.
2. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim seeking increased ratings for right knee degenerative joint disease.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active service from June 1963 to August 1967.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2007 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio.  This case was previously before the Board in November 2017, when it was remanded for additional development.
At the time of the November 2017 Board remand, the appeal included the additional issue of entitlement to a total disability rating based on individual unemployability (TDIU).  However, that issue was resolved during the processing of the remand when a June 2018 RO rating decision granted TDIU.  The June 2018 RO rating decision additionally granted an increased rating for the Veteran’s left knee disability for a portion of the period on appeal, and also granted a new additional separate rating for his right knee disability for a portion of the period on appeal.  Following the partial grants of these claims on appeal, the Veteran’s appeal was returned to the Board for further appellate review.  As discussed below, the Veteran has now withdrawn the remainder of the issues on appeal.
1. The appeal to establish entitlement to increased ratings for status-post left total knee arthroplasty is dismissed.
2. The appeal to establish entitlement to increased ratings for right knee degenerative joint disease is dismissed.
In September 2018, the Veteran’s representative notified VA that the Veteran “request[s] to withdraw the appeal submitted and docketed for the Board’s adjudicative review.”
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing or at a Board hearing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  The Veteran has properly withdrawn his appeal before the Board.  Therefore, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review these issues on appeal, and the appeal is dismissed.

 
M. C. GRAHAM
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Barone, Counsel