Citation Nr: 18157644
Decision Date: 12/13/18	Archive Date: 12/13/18

DOCKET NO. 16-62 260
DATE:	December 13, 2018
ORDER
1. Entitlement to a disability rating in excess of 10 percent for left knee arthritis has been withdrawn and is dismissed.
2. Entitlement to a disability rating in excess of 10 percent right knee arthritis has been withdrawn and is dismissed.
3. Entitlement to a compensable rating for postoperative scars of the bilateral knees associated with bilateral knee arthritis has been withdrawn and is dismissed.
FINDING OF FACT
On August 1, 2018, the agency of original jurisdiction received explicit and unambiguous notification from the Veteran that a withdrawal of this claim was requested.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the appeal of the issue of entitlement to a disability rating in excess of 10 percent for left knee arthritis were met on August 1, 2018. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
2. The criteria for withdrawal of the appeal of the issue of entitlement to a disability rating in excess of 10 percent for right knee arthritis were met on August 1, 2018. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
3. The criteria for withdrawal of the appeal of the issue of entitlement to a compensable rating for postoperative scars of the bilateral knees associated with bilateral knee arthritis were met on August 1, 2018. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran served on active duty from September 1975 to September 1995.
Withdrawal
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 (2012). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2017). Withdrawal may be made by the appellant or by his authorized representative. Id. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.204(b)(1).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 correspondence received August 1, 2018, the Veteran notified the agency of original jurisdiction (here, the RO) that in response to a June 2017 letter notifying him that his claim has been certified to the Board, he no longer wished to pursue the appeal for an increased rating for 1) right knee arthritis, 2) left knee arthritis, and 3) postoperative scars of the bilateral knees. The withdrawal is in writing and contains the Veteran’s name, VA claims file number, and a statement indicating that the Veteran wished to withdraw his claim, specifically listing the issues withdrawn. 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 for appellate consideration. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5).
1. Entitlement to a disability rating in excess of 10 percent for left knee arthritis.
The Board does not have jurisdiction to review this issue on appeal, and it is dismissed.
2. Entitlement to a disability rating in excess of 10 percent right knee arthritis.
The Board does not have jurisdiction to review this issue on appeal, and it is dismissed.
3. Entitlement to a compensable rating for postoperative scars of the bilateral knees associated with bilateral knee arthritis.
The Board does not have jurisdiction to review this issue on appeal, and it is dismissed.
 
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Cheng, Associate Counsel