Citation Nr: 21074801
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 19-17 135
DATE: December 16, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In a written statement received in July 2019, prior to the promulgation of a decision, the Veteran withdrew his appeal. 

CONCLUSION 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 FINDING AND CONCLUSION

The Veteran served on active duty from October 1982 to October 1986. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in March 2017 by a Department of Veterans Affairs Regional Office.  

1. Whether the reduction of the rating for left knee degenerative arthritis from 30 percent to 20 percent, effective June 1, 2017, was proper.

2. Whether the reduction of the rating for status post left partial medial and lateral meniscectomies with torn anterior cruciate ligament and 1.4 cm shortening of left leg from 30 percent to 10 percent, effective June 1, 2017, was proper.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  For withdrawals not made on the record at a Board hearing, such must be in writing and include (1) the name of the appellant, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.; Hembree v. Wilkie, 33 Vet. App. 1 (2020). In a written statement received in July 2019, prior to the promulgation of a decision, the Veteran withdrew his appeal, which consists of the above captioned issues.  In this regard, such statement was in writing, authored by the Veteran, included the correct file number, and explicitly identified the issues to be withdrawn. Therefore, there remain no allegations of errors of fact or law for appellate consideration. Thus, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Northcutt, 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.