Citation Nr: 18100742
Decision Date: 04/20/18	Archive Date: 04/20/18

DOCKET NO. 15-11 330
DATE:	April 20, 2018
ISSUES DECIDED:	2	ISSUES REMANDED:	0
 
ORDER
Right knee instability associated with status-post right knee anterior cruciate ligament reconstruction is denied.
Status-post right knee anterior cruciate ligament reconstruction is denied.
FINDINGS OF FACT
1. Prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran at the April 2018 hearing, that a withdrawal of the appeal for right knee instability is requested. 
2. Prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran at the April 2018 hearing, that a withdrawal of the appeal for status-post right knee anterior cruciate ligament reconstruction is requested.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the appeal for an increased disability rating for right knee instability have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
2. The criteria for withdrawal of the appeal for an increased disability rating for status-post right knee anterior cruciate ligament reconstruction have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from January 2003 to August 2005.  In April 2018, the Veteran testified during a video conference hearing before the undersigned.
 
Increased Ratings
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2017). Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 20.204.
1. Right knee instability associated with status-post right knee anterior cruciate ligament reconstruction
In the present case, the Veteran withdrew the appeal for an increased disability rating for right knee instability, on the record at the April 2018 hearing.  The withdrawal is reduced to writing in the hearing transcript.  There remain no allegations of errors of fact or law for appellate consideration, and the claim is dismissed.
 
2. Status-post right knee anterior cruciate ligament reconstruction
In the present case, the Veteran withdrew the appeal for an increased disability rating for status-post right knee anterior cruciate ligament reconstruction, on the 
 
record at the April 2018 hearing.  The withdrawal is reduced to writing in the hearing transcript.  There remain no allegations of errors of fact or law for appellate consideration, and the claim is dismissed.
 
 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Mary C. Suffoletta