Citation Nr: 21064920
Decision Date: 10/22/21	Archive Date: 10/22/21

DOCKET NO. 17-56 249
DATE: October 22, 2021

ORDER

Entitlement to a rating in excess of 10 percent for chronic rhomboid muscle strain (upper back disability) is dismissed.

Entitlement to a rating in excess of 10 percent for chondromalacia, right knee, (right knee disability) is dismissed.

FINDINGS OF FACT

In July 2021, prior to the promulgation of a decision, the Veteran's representative submitted correspondence that expressed the Veteran's intent to withdraw the appeals for entitlement to increased ratings for the Veteran's upper back and right knee disabilities. 

CONCLUSIONS OF LAW

1. The criteria for dismissal of entitlement to a rating in excess of 10 percent for an upper back disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for dismissal of entitlement to a rating in excess of 10 percent for a right knee disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from January 2001 through January 2005.  

This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from a March 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

During the period on appeal, the RO granted service connection for the appealed issue of entitlement to service connection for posttraumatic stress disorder (PTSD) in a March 2021 rating decision. The grant of service connection is considered a full grant of the benefits sought. As such, entitlement to PTSD is no longer before the Board.

Withdrawal

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38U.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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 authorized representative. 38 C.F.R. § 19.55. 

In July 2021, the Veteran's representative submitted correspondence reflecting the Veteran's intent to withdraw the appealed claims for entitlement to increased ratings for the Veteran's upper back and right knee disabilities. This correspondence also noted that the Veteran was already assigned a 100 percent rating and was satisfied with this rating. The Board accepts the Veteran's representative statement, on the Veteran's behalf, requesting withdrawal of the claims under appeal. As a result, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal as to this issue, and the claim is dismissed.  

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N.B. Mmeje, 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.