Citation Nr: 20023965
Decision Date: 04/07/20	Archive Date: 04/07/20

DOCKET NO. 15-39 663
DATE: April 7, 2020

ORDER

The appeal seeking higher ratings for service-connected right knee disability (currently assigned separate ratings based on limitation of extension, instability, and scarring) is dismissed.

FINDING OF FACT

On October 15, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that he was satisfied with his appeal following recent awards in an August 2019 rating decision and “wish[ed] to withdraw all remaining issues associated with this appeal.” The Board has no further appellate jurisdiction over this matter.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from July 1979 to July 1983, July 1986 to July 1989, March 1999 to July 1999, October 2001 to March 2002, December 2008 to April 2009, April 2010 to November 2010, and June 2013 to September 2013. These matters are before the Board of Veterans’ Appeals (Board) on appeal from January 2015 rating decision and was previously remanded in September 2018.  

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. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In the present case, the appellant has withdrawn this appeal by October 2019 correspondence (described in detail above) and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yuan, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.