Citation Nr: 21066391
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 18-00 652
DATE: October 29, 2021

ORDER

The appeal seeking service connection for bilateral knee arthritis and patellofemoral pain syndrome is dismissed.

FINDING OF FACT

On October 6, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his representative, that a withdrawal of the appeal for service connection for bilateral knee arthritis and patellofemoral pain syndrome was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal seeking service connection for bilateral knee arthritis and patellofemoral pain syndrome by the appellant 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 January 1988 to January 1998, from September 2006 to November 2006, from September 2008 to January 2009 and from July 2009 to November 2010.  

In his December 2017 VA Form 9, substantive appeal, the Veteran requested a hearing before the Board on appeal.  The hearing was scheduled for November 2021, but in October 2021, the Veteran withdrew his request for the hearing.  

Entitlement to service connection for bilateral knee arthritis and patellofemoral pain syndrome

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

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In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  See October 2021 VA Form 21-4138, Statement in Support of Claim ("Veteran requests . . . to withdraw the claim he has open for service connection for bilateral knee osteoarthritis and patellofemoral pain syndrome.").  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joseph P. Gervasio

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.