Citation Nr: 21000424
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 18-25 603
DATE: January 5, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 20, 2020, the Board of Veterans’ Appeals (Board) received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active duty service from October 1975 to August 1979.  

These matters are on appeal from a Department of Veterans Affairs Regional Office.  The appeal was previously remanded by the Board in July 2019.

In a November 2020 statement, the Veteran’s attorney attempted to withdraw his representation.  The Board finds that the Veteran’s representative failed to submit a motion to withdraw, demonstrative of good cause, following the return of this appeal to the Board.  38 C.F.R. § 20.6.  Accordingly, the Board will continue to recognize J. Michael Woods as the Veteran’s representative.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  § 19.55.  

In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 the following issues are dismissed: entitlement to a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine; entitlement to a disability rating in excess of 40 percent for radiculopathy of the right lower extremity; entitlement to a disability rating in excess of 40 percent for radiculopathy of the left lower extremity; entitlement to a compensable disability rating for bilateral hearing loss; entitlement to a compensable disability rating for a scar of the left knee, status post partial meniscectomy; entitlement to a disability rating in excess of 30 percent for residuals of a partial meniscectomy of the left knee with traumatic arthritis, to include whether a rating reduction from 40 percent to 30 percent, effective April 20, 2017, was proper; entitlement to a disability rating in excess of 10 percent for residuals of a partial meniscectomy of the right knee with traumatic arthritis and limitation of extension, to include whether a rating reduction from 20 percent to 10 percent, effective April 20, 2017, was proper; and entitlement to service connection for an acquired psychiatric disorder.   

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. D. Bruce, 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.