Citation Nr: 18106979
Decision Date: 06/01/18	Archive Date: 05/31/18

DOCKET NO. 15-03 744A
DATE:	June 1, 2018
ORDER
Entitlement to service connection for a bilateral knee condition is dismissed.
FINDING OF FACT
Prior to the promulgation of a decision, in a May 2018 written correspondence, the Veteran withdrew his appeal.
CONCLUSION OF LAW
The criteria for withdrawal of a substantive appeal as to all issues have been met.  38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from February 1978 to March 1990.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia.
The Board notes that this claim was not reopened by the RO in a February 2017 rating decision following a November 2016 claim to reopen the appeal.  However, the Board finds that this decision was timely appealed by a February 2014 notice of disagreement; the RO subsequently sent the Veteran a December 2014 statement of the case and the Veteran filed a February 2015 VA Form 9.  Therefore, the claim has been pending since January 2014.
The Board also notes that the Veteran withdrew his request for a Board hearing in a May 2018 written correspondence.  Therefore, the Board finds that the Veteran’s hearing request has been withdrawn.
1. Entitlement to service connection for a bilateral knee condition
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).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 Veteran or by his or her authorized representative.  38 C.F.R. § 20.204.
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Here, in a May 2018 written correspondence, the Veteran indicated that he wanted to withdraw his appeal.  As the only issue on appeal is that listed on the cover page, the Board concludes that the Veteran’s statement includes all issues on appeal.  As a result, no allegation of error of fact or law remains before the Board for consideration with regard to this issue.  38 C.F.R. § 20.204 (c).  Accordingly, the Board does not have jurisdiction to review this appeal, and it must be dismissed.

 
MICHAEL MARTIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Saudiee Brown, Associate Counsel