Citation Nr: 21068327
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 20-13 425
DATE: November 10, 2021

ORDER	

As the claim for an increased rating in excess of 10 percent for the service-connected patella chondromalacia and internal derangement of the left knee, has been withdrawn, the appeal as to this issue is dismissed.

As the claim for an increased rating in excess of 10 percent for the service-connected patella chondromalacia and strain of the right knee, has been withdrawn, the appeal as to this issue is dismissed.

FINDING OF FACT

In September 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's attorney that the Veteran wished to withdraw his pending appeal for the issues of entitlement to an increased rating in excess of 10 percent for patella chondromalacia and internal derangement of the left knee, and entitlement to an increased rating in excess of 10 percent for patella chondromalacia and strain of the right knee.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of a substantive appeal as to the issue of entitlement to an increased rating in excess of 10 percent for the service-connected patella chondromalacia and internal derangement of the left knee by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of a substantive appeal as to the issue of entitlement to an increased rating in excess of 10 percent for the service-connected patella chondromalacia and strain of the right knee by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from July 2004 to August 2012. 

This case is before the Board of Veterans' Appeals (Board) on appeal from a January 2018 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  In that rating decision, the RO denied, inter alia, increased ratings in excess of 10 percent for the service-connected patella chondromalacia and internal derangement of the left knee, and for patella chondromalacia and strain of the right knee.

The Veteran's notice of disagreement was received in April 2018.  The RO issued a statement of the case in December 2019.  The Veteran's VA Form 9, substantive appeal to the Board, was received in February 2020.

In September 2021, the Veteran withdrew his Board hearing request. 

Withdrawn Claims

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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  

In the present case, the Veteran's attorney submitted a written statement in September 2021 stating that the Veteran wished to withdraw the pending appeal for the issues of entitlement to an increased rating in excess of 10 percent for the service-connected patella chondromalacia and internal derangement of the left knee and entitlement to an increased rating in excess of 10 percent for the service-connected patella chondromalacia and strain of the right knee.  The withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.  See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Therefore, the Veteran has withdrawn this appeal and there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Ardalan, 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.