Citation Nr: 21070094
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 17-33 971
DATE: November 23, 2021

ORDER

Entitlement to a rating in excess of 10 percent for left knee strain based on limitation of flexion is dismissed.

Entitlement to a rating in excess of 10 percent for right knee strain and patellofemoral malalignment based on limitation of flexion is dismissed.

Entitlement to a rating in excess of 10 percent for right knee strain and patellofemoral malalignment based on limitation of extension prior to May 24, 2021 is dismissed. 

Entitlement to a rating in excess of 40 percent for right knee strain and patellofemoral malalignment based on limitation of extension from May 24, 2021 is dismissed. 

FINDINGS OF FACT

On July 28, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (the Board) received written notice of the Veteran requesting a withdrawal of his appeal seeking entitlement to an increased rating for left knee strain and right knee strain and patellofemoral malalignment. 

CONCLUSIONS OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active military service from May 1989 to August 1991.

This appeal comes to the Board following a February 2014 rating decision in which the Agency of Original Jurisdiction (AOJ) denied the Veteran's claim for entitlement to increased ratings for his left knee strain and right knee strain and patellofemoral malalignment. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawals may be made by the appellant or by his authorized representative. 38 C.F.R. § 19.55. A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file numbers, and (3) a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b)(1). 

On July 28, 2021, the Veteran provided written notice including his name, VA file number, and a statement that he wished to withdraw his appeal of all of the issues contained in his July 2021 Supplemental Statement of the Case (SSOC). These issues were as follows: (1) entitlement to a rating in excess of 10 percent for left knee strain based on limitation of flexion; (2) entitlement to a rating in excess of 10 percent for right knee strain and patellofemoral malalignment based on limitation of flexion; (3) entitlement to a rating in excess of 10 percent for right knee strain and patellofemoral malalignment based on limitation of extension prior to May 24, 2021; and (4) entitlement to a rating in excess of 40 percent for right knee strain and patellofemoral malalignment based on limitation of extension from May 24, 2021.

In light of this July 28, 2021 statement, 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. 

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.M. Sachs, 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.