Citation Nr: 21004619 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 16-57 243 DATE: January 27, 2021 ORDER Entitlement to a disability rating in excess of 10 percent for left knee strain is dismissed as withdrawn. Entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy (sciatic) is dismissed as withdrawn. Entitlement to a disability rating in excess of 20 percent for right lower extremity radiculopathy (sciatic) is dismissed as withdrawn. Entitlement to a disability rating in excess of 10 percent for right knee strain is dismissed as withdrawn. Entitlement to a compensable disability rating for scars, right knee is dismissed as withdrawn. Entitlement to a compensable disability rating for scars, left knee is dismissed as withdrawn. FINDINGS OF FACT 1. In a December 2020 Correspondence, prior to the promulgation of a decision in the appeal, the Veteran’s representative requested withdrawal of the issue of entitlement to a disability rating in excess of 10 percent for left knee strain. 2. In a December 2020 Correspondence, prior to the promulgation of a decision in the appeal, the Veteran’s representative requested withdrawal of the issue of entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy(sciatic). 3. In a December 2020 Correspondence, prior to the promulgation of a decision in the appeal, the Veteran’s representative requested withdrawal of the issue of entitlement to a disability rating in excess of 20 percent for right lower extremity radiculopathy(sciatic). 4. In a December 2020 Correspondence, prior to the promulgation of a decision in the appeal, the Veteran’s representative requested withdrawal of the issue of entitlement to a disability rating in excess of 10 percent for right knee strain. 5. In a December 2020 Correspondence, prior to the promulgation of a decision in the appeal, the Veteran’s representative requested withdrawal of the issue of entitlement to a compensable disability rating for scars, right knee. 6. In a December 2020 Correspondence, prior to the promulgation of a decision in the appeal, the Veteran’s representative requested withdrawal of the issue of entitlement to a compensable disability rating for scars, left knee. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal for entitlement to a disability rating in excess of 10 percent for left knee strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal for entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy(sciatic) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal for entitlement to a disability rating in excess of 20 percent for right lower extremity radiculopathy(sciatic) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the appeal for entitlement to a disability rating in excess of 10 percent for right knee strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the appeal for entitlement to a compensable disability rating for scars, right knee have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the appeal for entitlement to a compensable disability rating for scars, left knee have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205 § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1973 to August 1978. The appeal was previously before the Board in January 2020, where it was remanded for further evidentiary development including scheduling the Veteran for appropriate VA examinations. 1. Entitlement to a disability rating in excess of 10 percent for left knee strain 2. Entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy(sciatic) 3. Entitlement to a disability rating in excess of 20 percent for right lower extremity radiculopathy(sciatic) 4. Entitlement to a disability rating in excess of 10 percent for right knee strain 5. Entitlement to a compensable disability rating for scars, right knee   6. Entitlement to a compensable disability rating for scars, left knee The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 39 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 appellant or by his or her authorized representative. 38 C.F.R. § 20.204. The Veteran properly appealed a March 2015 rating decision denying increased disability ratings for left knee strain, right knee strain, left lower extremity radiculopathy, right lower extremity radiculopathy, right knee scars and left knee scars. An appeal of those issues was certified to the Board in December 2016. The Board remanded the issues for further development in a January 2020 decision. In December 2020, prior to promulgation of a decision by the Board as to those issues, the Veteran’s representative requested that the appealed issues in their entirety be withdrawn from appellate consideration. The Board finds this withdrawal is 1) explicit, 2) unambiguous, and 3) done with a full understanding of the consequences of such action by the appellant. Acree v. O'Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018). Therefore, there remains no allegation of error of fact or law for appellate consideration as to those issues. Accordingly, the Board does not have jurisdiction to review those issues on appeal and they are dismissed. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. M. Rogers, 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.