Citation Nr: 21076428
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 17-51 289
DATE: December 23, 2021

ORDER

The appeal for entitlement to service connection for a left knee disability is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, in July 2020, that a withdrawal of appeal for an entitlement to service connection for a left knee disability is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an entitlement to service connection for a left knee disability by the appellant 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 March 1972 to May 1974. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 

This case requires a brief explanation of the procedural history. In the most recent Board decision in March 2019, the Board granted service connection for an acquired psychiatric disorder and remanded service connection for residuals of traumatic brain injury (TBI), vision loss, bilateral hearing loss, migraine headaches, and a left knee disability. In a subsequent October 2019 rating decision, the RO, in part, granted service connection for residuals of TBI, to include headaches, and effectuated the grant of service connection for an acquired psychiatric disorder. Thereafter, the Veteran filed a VA 20-0995 supplemental claim application, requesting in part, an increased rating for residuals of TBI, to include headaches, and for an acquired psychiatric disorder. In June 2020, a Supplemental Statement of the Case (SSOC) was issued, denying service connection for a left knee disability, bilateral hearing loss, and vision loss. In response, the Veteran filed another VA 20-0995 supplemental claim application in June 2020 for service connection for bilateral hearing loss and vision loss. In November 2020, the RO denied service connection for loss of sightto which the Veteran filed a VA form 10182 notice of disagreement. In a subsequent March 2021 rating decision, the RO granted service connection for migraines and a higher rating of 70 percent for an acquired psychiatric condition (effective December 26, 2019), but denied service connection for bilateral hearing loss by finding the additionally submitted evidence not new and relevant. The Veteran filed a VA form 20-0996 request for higher level review for an earlier effective date for an increased rating for an acquired psychiatric disability, earlier effective date for service connection for migraines, and service connection for bilateral hearing losswhich the RO addressed in the subsequent October 2021 rating decisions. Thus, the Veteran's service connection claims for vision loss and hearing loss are no longer pending under VA's Legacy appeals system.  As noted in the October 2021 rating decision, he will be scheduled for a VA examination to assist in developing his hearing loss claim. His vision loss claim has been docketed under the AMA appeals system in accordance with his VA form 10182 and will be the subject of a future decision.

In July 2020, the Veteran and his private representative submitted a request for withdrawal of the Veteran's appeal for entitlement to service connection for a left knee disability. See July 2020 correspondence; July 2020 VA form 21-4138. They signed the form and clearly indicated their intent to withdraw this appeal. Id.  The Veteran can re-file his claim for a left knee disability at any point in the future.  However, at this time, there remains no allegations of errors of fact or law for appellate consideration considering his withdrawal for service connection for a left knee disability. Accordingly, the Board does not have jurisdiction to review this issue and the appeal is dismissed.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lee, Catherine

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.