Citation Nr: 21070656
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 18-07 324
DATE: November 24, 2021

ORDER

The issue of entitlement to an effective date prior to service connection for right knee strain prior to July 28, 2014 is dismissed.

The issue of entitlement to a rating in excess of 10 percent for right knee strain is dismissed.

The issue of entitlement to a rating in excess of 10 percent for left knee internal derangement is dismissed.

The issue of entitlement to a rating in excess of 30 percent for residuals, gunshot wound, left leg fracture with left knee arthritis and saphenous nerve injury is dismissed.

The issue of entitlement to a rating in excess of 10 percent for tinnitus is dismissed.

The issue of entitlement to service connection for right leg condition as secondary to the service-connected disability of residuals, gunshot wound, left leg fracture with left knee arthritis is dismissed.

The issue of entitlement to service connection for skin condition as secondary to the service-connected disability of residuals, gunshot wound, left leg fracture with left knee arthritis is dismissed. 

The issue of entitlement to service connection for hypertension is dismissed.

The issue of entitlement to service connection for sleep apnea is dismissed.

FINDING OF FACT

On May 11, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the issues of: entitlement to an effective date prior to service connection for right knee strain prior to July 28, 2014; entitlement to a rating in excess of 10 percent for right knee strain; entitlement to a rating in excess of 10 percent for left knee internal derangement; entitlement to a rating in excess of 30 percent for residuals, gunshot wound, left leg fracture with left knee arthritis and saphenous nerve injury; entitlement to a rating in excess of 10 percent for tinnitus; entitlement to service connection for right leg condition as secondary to the service-connected disability of residuals, gunshot wound, left leg fracture with left knee arthritis; entitlement to service connection for skin condition as secondary to the service-connected disability of residuals, gunshot wound, left leg fracture with left knee arthritis; entitlement to service connection for hypertension; and entitlement to service connection for sleep apnea have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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.  

In the present case, the Veteran has withdrawn this appeal.  Specifically, after submitting his VA Form 9 in January 2018, the Veteran submitted a signed writing in May 2018, including his name, his file number, and a statement that the appeal is withdrawn in its entirety.  There is also no ambiguity as to whether each issue on appeal is withdrawn.  The May 2018 writing was submitted following a rating decision issued AOJ in March 2018, which granted the issues of entitlement to TDIU, entitlement to an acquired psychiatric disorder, and entitlement to a compensable 10 percent rating for right knee strain, which the Veteran, though indirectly, referenced in his submission.  Indeed, the Veteran stated that he was pleased with the award, and wanted to close all pending claims.  Hence, 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 fully dismissed. 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Z. Maskatia