Citation Nr: 20021622 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 17-06 329 DATE: March 26, 2020 ORDER The appeal with respect to entitlement to service connection for traumatic brain injury (TBI) is dismissed. The appeal with respect to entitlement to a disability rating in excess of 50 percent for depressive disorder, not otherwise specified, and adjustment disorder with mixed anxiety and depressed mood (psychiatric disorder) prior to May 22, 2017, and in excess of 70 percent thereafter, is dismissed. The appeal with respect to entitlement to a disability rating in excess of 20 percent for chronic thoracolumbar thoracic spondylosis T3-T12 (lumbar spine disability) is dismissed. The appeal with respect to entitlement to a disability rating in excess of 10 percent for right knee strain and tendonitis is dismissed. The appeal with respect to entitlement to a disability rating in excess of 10 percent for left knee strain and tendonitis is dismissed. The appeal with respect to entitlement to a compensable disability rating for limitation of extension of the right knee is dismissed. The appeal with respect to entitlement to a compensable disability rating for limitation of extension of the left knee is dismissed. The appeal with respect to entitlement to a disability rating in excess of 10 percent for status-post closed medial malleolar fracture with talar chondral defect and avulsion, status-post open reduction internal fixation (ORIF), status-post arthroscopy of the right ankle (right ankle disability) is dismissed. FINDING OF FACT In a written statement received in November 2019, prior to the promulgation of a Board decision, the Veteran asked that the present appeal be withdrawn. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from August 2007 to September 2010, to include service in Iraq. His decorations include the Army Achievement Medal, the Army Service Ribbon, the Iraq Campaign Medal with Campaign Star, and the Global War on Terrorism Service Medal. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California. The RO in pertinent part, granted service connection and zero (0) percent (noncompensable) ratings for limitation of extension of each knee; increased the rating for the Veteran’s service-connected psychiatric disorder to 30 percent; increased the rating for the Veteran’s service-connected lumbar spine disability to 10 percent; increased the ratings for service-connected strain and tendonitis of both knees to 10 percent, each; denied a rating in excess of 10 percent for the Veteran’s service-connected right ankle disability; and denied service connection for TBI. All of the awards were made effective February 9, 2015. In May 2018, while the present appeal was pending, the agency of original jurisdiction (AOJ) increased the rating for the Veteran’s service-connected psychiatric disorder to 50 percent, effective February 9, 2015, and to 70 percent from May 22, 2017. The AOJ also granted a total disability rating based on individual unemployability due to service-connected disability from February 9, 2015. In August 2019, the AOJ increased the rating for the Veteran’s service-connected lumbar spine disability to 20 percent, effective February 9, 2015. Entitlement to service connection for TBI Entitlement to higher ratings for a psychiatric disorder Entitlement to a higher rating for lumbar spine disability Entitlement to a higher rating for right knee strain and tendonitis Entitlement to a higher rating for left knee strain and tendonitis Entitlement to a higher rating for limitation of extension of the right knee Entitlement to a higher rating for limitation of extension of the left knee Entitlement to a higher rating for right ankle disability 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 by the Veteran or his representative on the record at a hearing, or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2018). In November 2019, prior to the promulgation of a Board decision, the Veteran submitted correspondence wherein he indicated that he wished to withdraw the present appeal. See also February 2020 VA Form 21-4138. Therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, as the Board does not have jurisdiction to review the appeal, the appeal must be dismissed. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Ragheb, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.