Citation Nr: 21062655 Decision Date: 10/08/21 Archive Date: 10/08/21 DOCKET NO. 14-43 342 DATE: October 8, 2021 ORDER As the issue of entitlement to a rating in excess of 10 percent for left knee chondromalacia, postoperative limitation of flexion has been withdrawn, the claim is dismissed. As the issue of entitlement to a rating in excess of 10 percent for left knee chondromalacia, postoperative limitation of extension has been withdrawn, the claim is dismissed. As the issue of entitlement to a rating in excess of 10 percent for right knee chondromalacia, postoperative limitation of flexion has been withdrawn, the claim is dismissed. As the issue of entitlement to a rating in excess of 10 percent for right knee chondromalacia, postoperative limitation of extension has been withdrawn, the claim is dismissed. FINDING OF FACT In an August 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran, requested a withdrawal this appeal. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for left knee chondromalacia due to limitation of flexion by the appellant or his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for left knee chondromalacia due to limitation of extension by the appellant or his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for right knee chondromalacia due to limitation of flexion by the appellant or his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for right knee chondromalacia due to limitation of extension by the appellant or his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran had active duty from December 1984 to April 1988. This case comes before the Board of Veteran's Appeals (Board) on appeal of a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Board remanded the appeal for additional evidentiary development. Next, a July 2021 rating decision continued a 10 percent rating for left and right knee chondromalacia due to limitation of flexion and granted separate 10 percent ratings for left and right knee chondromalacia due to limitation of extension. A Supplemental Statement of the Case was issued to the Veteran and his representative. Thereafter, the Board received the Veteran's "Appeal Satisfaction Notice," wherein he notified the Board that he was satisfied and wished to withdraw all remaining issues associated with this appeal. See Correspondence (September 2021). Withdrawal of Claims The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 C.F.R. § 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 by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55(a). The withdrawal should be filed with the Board and must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1). Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55(b)(3). Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. 38 C.F.R. § 19.55(c). In the present case, VA received a signed and dated (August 2021) written statement, prior to a decision by the Board, wherein the Veteran explicitly withdrew all remaining issues associated with this appeal. See Correspondence (September 2021) See also, Hembree v. Wilkie, 33. Vet. App. 1 (2020) (holding that a withdrawal that fully complies with the requirements of the regulation is effective when received). Specifically, in the "Appeals Satisfaction Notice," the Veteran indicated he wished to "withdraw all remaining issues associated with this appeal" based on the recent decision to grant one or more of the issues on appeal. The request included the Veteran's name, his social security number, and specified that the appeal was withdrawn in its entirety. 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. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Edwards 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.