Citation Nr: 21066055
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 18-27 824
DATE: October 28, 2021

ORDER

Whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right knee disability is dismissed.

Entitlement to service connection for a lumbar spine disability, to include as secondary to bilateral knee disability is dismissed.

FINDINGS OF FACT

1. In an August 2020 correspondence, and reiterated again, in October 2021, prior to promulgation of a decision in this appeal, the Veteran withdrew her appeal for entitlement to service connection for a right knee disability.

2. In an August 2020 correspondence, and reiterated again, in October 2021, prior to promulgation of a decision in this appeal, the Veteran withdrew her appeal for entitlement to service connection for a lumbar spine disability.

CONCLUSIONS OF LAW

1. The criteria for dismissal of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right knee disability have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019).

2. The criteria for dismissal of entitlement to service connection for a lumbar spine disability have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served active duty in the U.S. Air Force from May 1998 to March 2002.

This case comes before the Board on appeal of an April 2013 rating decision.

The Board notes that on the May 2018 VA Form 9, the Veteran requested a video conference Board hearing.  However, in an August 2020 correspondence, prior to the hearing being scheduled, the Veteran withdrew her claims.  Therefore, the Board considers the hearing request cancelled.  See 38 C.F.R. § 20.704 (e).

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Withdrawn Claims

In August 2020 correspondence, and reiterated in October 2021, prior to promulgation of a decision in this appeal, the Veteran submitted a statement to withdraw her claims of entitlement to service connection for a right knee disability and lumbar spine disability.  Thus, with respect to the claims on appeal, there are no longer any alleged errors of fact or law for appellate consideration.  See 38 C.F.R. § 20.205.  Accordingly, the Board no longer has jurisdiction to review the appeal that denied service connection for a right knee disability and lumbar spine disability and they are therefore dismissed.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	I. Umo, 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.