Citation Nr: 21061626
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 18-25 592
DATE: October 4, 2021

ORDER

Entitlement to a rating in excess of 10 percent prior to July 10, 2017 for left knee disability, a rating in excess of 30 percent from September 1, 2018 to April 11, 2021, and a rating in excess of 60 percent thereafter is dismissed. 

Entitlement to a rating in excess of 10 percent prior to July 10, 2017 for left knee instability is dismissed. 

FINDING OF FACT

On July 10, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he was satisfied with his appeal and requested withdrawal of his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal 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 from February 1980 to January 2003.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 appellant or by his or her authorized representative. Id.  

In the present case, in correspondence received by VA in July 2021, and signed by the Veteran, the Veteran withdrew his appeal for an increased rating for his left knee disabilities. Specifically, the Veteran indicated that he was satisfied with his appeal and wished to withdraw all remaining issues associated with his appeal. The Board notes that the July 2021 statement complies with the requirements of 38 C.F.R. § 19.55.

When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed. Consequently, dismissal of the pending appeal is the appropriate disposition. 38 U.S.C. § 7105(d). Accordingly, further action by the Board is unwarranted, and the appeal is dismissed. Id

 

 

DUSTIN L. WARE

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.