Citation Nr: 21067817
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 20-10 109
DATE: November 5, 2021

ORDER

An initial compensable rating for a left knee scar is dismissed.

An increased rating in excess of 30 percent disabling for a total left knee replacement is dismissed.

FINDINGS OF FACT

1. In September 2021, prior to promulgation of a Board decision, the Veteran withdrew the appeal for an initial compensable rating for a left knee scar. 

2. In September 2021, prior to promulgation of a Board decision, the Veteran withdrew the appeal for a rating of a total left knee replacement in excess of 30 percent disabling.  

CONCLUSIONS OF LAW

1. The criteria for dismissal of an initial compensable rating for a left knee scar have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of a rating in excess of 30 percent disabling for a total left knee replacement 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 1979 to January 1983. The Veteran also had over three months of earlier active-duty service and over a year of earlier inactive duty service.

The case is on appeal from May 2017 and September 2018 rating decisions.

Increased Rating

1. An initial compensable rating for a left knee scar.

2. A rating in excess of 30 percent disabling for a total left knee replacement.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative.  38 C.F.R. § 19.55.

In September 2021, the Veteran and his representative submitted a statement.  In doing so, the Veteran's representative stated, "The Veteran wishes to withdraw the pending March 9, 2020 VA Form 9 Substantive Appeal for the issues of entitlement to an increased rating for his left knee condition and scar."  Additionally, the Veteran's signed statement provided, "I consent to withdrawing the March 9, 2020 VA Form 9 Substantive Appeal for the issues of entitlement to increased ratings for my left knee strain and left knee scar."

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The Board finds that the Veteran's withdrawal of the issues on appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  The withdrawal was made expressly by the Veteran and his attorney representative in writing.

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to these issues.  Accordingly, the appeals are dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Becton, 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.