Citation Nr: 21004273 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 12-27 108 DATE: January 26, 2021 ORDER Entitlement to an initial disability rating in excess of 10 percent prior to September 4, 2013, for right knee medial meniscus tear, has been withdrawn and is dismissed. Entitlement to an initial disability rating in excess of 10 percent prior to September 4, 2013, for left knee medial meniscus tear, has been withdrawn and is dismissed. FINDING OF FACT On July 8, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that withdrawal of these appeals is requested. CONCLUSION OF LAW The criteria for withdrawal of appeals by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from September 1979 to September 1983 and from January 1991 to May 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). By way of history, in September 2017, the Board issued a decision, which, in pertinent part, denied the Veteran’s claims for initial disability ratings in excess of 10 percent for right and left knee medial meniscus tears. The Veteran appealed the Board’s denials to the United States Court of Appeals for Veterans Claims (Court). In July 2019, the Court issued a Memorandum Decision, which vacated the pertinent portions of the September 2017 Board decision and remanded the matters for further consideration. Pursuant to the instructions of the Memorandum Decision, the Board remanded these matters for additional development in March 2020. They have returned to the Board for further appellate review. As a preliminary matter, it is valuable to note that the Veteran has already been found to be 100 percent disabled by VA. The Veteran currently has a 100 percent combined evaluation for compensation, effective May 2005, and is receiving special monthly compensation (SMC). Withdrawal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 19.55. On July 8, 2020, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of his claim for entitlement to initial disability ratings in excess of 10 percent prior to September 4, 2013, for his left knee and right knee medial meniscus tears. The Veteran stated that he is satisfied with his current service connection percentages and wishes to drop the appeals. The record also indicates that the Veteran’s scheduled VA examination for knee and lower leg conditions was subsequently cancelled at the Veteran’s request. The withdrawal request has been documented in the Veteran’s claims file. The Board concludes that the Veteran has withdrawn these appeals 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. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. VanValkenburg, 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.