Citation Nr: 21066761
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 14-42 056
DATE:  November 2, 2021

ORDER

The appeal concerning entitlement to service connection for left knee disability is dismissed.

FINDING OF FACT

In May 2021, prior to the promulgation of a decision in the instant appeal, the appellant filed an explicit and unambiguous withdrawal of his claim for left knee disability with a full understanding of the consequences of such action.

CONCLUSION OF LAW

The criteria for withdrawal of the Veteran's service connection claim for left knee disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The claimant or the claimant's representative may withdraw an appeal as to any or all issues on appeal. 38 C.F.R. § 20.204(a) (2016). Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 20.204(b)(1) (2016). A withdrawal is effective when received if receipt is prior to the issuance of a decision by the Board. 38 C.F.R. § 20.204(b)(3) (2016). Withdrawal of a claim constitutes a withdrawal of the notice of disagreement and, if filed, the substantive appeal. 38 C.F.R. § 20.204(c) (2016). The Board may dismiss any appeal which fails to allege a specific error of fact or law. 38 U.S.C.A. § 7105(d)(5) (West 2014); 38 C.F.R. § 20.202 (2016). There is no obligation to proceed with further adjudication following withdrawal. Hanson v. Brown, 9 Vet. App. 29 (1996).

The appellant's withdrawal of his claim for a left knee disability is valid.

The Veteran served on active duty in the Army during the Vietnam and Gulf War Eras from August to December 1973 and from July to August 2004, as well as time in the Army Reserves and National Guard.

This matter came to the Board of Veterans Appeals (Board) on appeal of an April 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board received the Veteran's letter in lieu of VA Form 9 in November 2014 which appealed denial of service connection for left knee condition, right shoulder condition, and tinnitus. The Veteran's right shoulder and tinnitus disabilities have since been service connected and are no longer on appeal to the Board.

In a May 2021 Motion to Withdraw Claim(s), the Veteran's authorized attorney representative wrote and signed the statement:

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I would like to withdraw the issue of service connection for a left knee disability which was denied in the Supplemental Statement of the Case dated 04/05/2020 and was returned to the Board of Veterans' Appeals on 03/31/2021 and has resumed its place on the docket.

The Board finds the October 2021 letter is an explicit and unambiguous withdrawal of the claim and, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal, and the motion is granted.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Black, Jeffrey W.

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.