Citation Nr: 20042445 Decision Date: 06/23/20 Archive Date: 06/23/20 DOCKET NO. 14-13 135 DATE: June 23, 2020 ORDER Entitlement to service connection for a left knee disability is DISMISSED. Entitlement to service connection for a right knee disability is DISMISSED. FINDINGS OF FACT 1. On June 3, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s representative that a withdrawal of the appeal for service connection for a left knee disability is requested. 2. On June 3, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s representative that a withdrawal of the appeal for service connection for a right knee disability is requested.   CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal for entitlement to service connection for a left knee disability have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204 (2019). 2. The criteria for withdrawal of an appeal for entitlement to service connection for a right knee disability have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably in the United States Navy from May 1989 to May 1993. Entitlement to service connection for bilateral knee disabilities is dismissed. In June 2020, the Veteran’s representative submitted a Motion to Dismiss Appeal. Therein, the representative relayed that, “Appellant’s record was subsequently referred to (the Veteran’s) representative for briefing. On review of the VBMS record it is noted that on April 17, 2020, the agency of original right jurisdiction entered a decision granting service connection for a right and left knee disability at the 10 percent rate respectively effective March 4, 2010. As such, there is no longer an appellate issue in contention. Accordingly, as the appeal is moot, we move the Board dismiss the docketed appeal.” The Motion to Dismiss Appeal from the Veteran’s representative complies with 38 C.F.R. § 20.204 (b)(1) (form and content required for withdrawal of an appeal) because it is in writing, includes the name of the Veteran, the applicable VA claims file number, and a statement of his desire to withdraw his appeal. Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies. 38 C.F.R. § 20.204 (c). 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. § 20.204. Withdrawal may be made by the Veteran or by an authorized representative. 38 C.F.R. § 20.204. In this case, the Veteran has withdrawn his appeal; 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. In reaching this conclusion, the Board observes that the issue of entitlement to service connection for chronic fatigue syndrome was recently addressed in a September 2019 Board remand. That issue is currently being developed with the agency with original jurisdiction (AOJ) and has not been returned to the Board. If that issue remains denied after the AOJ has undertaken the requested development, it will be returned to the Board and addressed in a future Board decision. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board RLBJ, Associate 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.