Citation Nr: 21073478
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 17-11 825
DATE: December 8, 2021

ORDER

Service connection for a right knee condition is dismissed.

Service connection for a left knee condition is dismissed.

FINDING OF FACT

On October 1, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his attorney that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of service connection for a right knee disorder have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

The criteria for withdrawal of service connection for a left knee disorder have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The agency of original jurisdiction (AOJ) issued an August 2021 supplemental statement of the case (SSOC).  In October 2021, the Veteran's attorney submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, and opted into the modernized review system, also known as the Appeals Modernization Act (AMA), from the August 2021 SSOC.  The opt-in was within sixty days of SSOC, and check appeals should be withdrawn from the legacy process.  Additionally, the Veteran's attorney submitted an October 2021 statement that made clear they wanted the appeal sent to the regional office for consideration.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the Veteran, through his attorney has withdrawn this legacy appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 dismissed.

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bruton, C

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.