Citation Nr: 18151488
Decision Date: 11/19/18	Archive Date: 11/19/18

DOCKET NO. 15-24 967
DATE:	November 19, 2018
ORDER
1. The appeal for entitlement to restoration of a 50 percent rating for degenerative joint disease of the left knee is dismissed.
2. The appeal for entitlement to restoration of a 20 percent rating for extension of the left knee is dismissed.
FINDING OF FACT
In September 2015, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
Insert dates of service and jurisdictional information only where relevant to the adjudication of the issues on appeal.
1. The appeal for entitlement to restoration of a 50 percent rating for degenerative joint disease of the left knee
2. The appeal for entitlement to restoration of a 20 percent rating for extension of the left knee
The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. 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. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(a). Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.204(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 20.204(b)(3).
In an September 2015 statement, the Veteran requested that his appeal be withdrawn. The statement contained the name of the Veteran, the applicable VA file number, and a statement that his appeal be immediately withdrawn. Accordingly, the Veteran’s withdrawal is in compliance with 38 C.F.R. § 20.204(b)(1).
When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the decision below. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). The Board finds that the Veteran’s appeal has been withdrawn. The Board does not have jurisdiction over the issues; therefore, the Veteran’s appeal is dismissed.
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Husain, Associate Counsel