Citation Nr: 21077006
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 13-22 045
DATE:       December 28, 2021

ORDER

Entitlement to a separate rating for limitation for flexion for the right knee under Diagnostic Code 5260 from January 18, 2011, is dismissed. 

Entitlement to a separate rating for limitation of extension for the right knee under Diagnostic Code 5261from January 18, 2011, is dismissed. 

Entitlement to a rating in excess of 10 percent for instability of the right knee under Diagnostic Code 5257 from January 18, 2011, to October 20, 2014, is dismissed. 

Entitlement to a rating in excess of 10 percent for instability of the right knee under Diagnostic Code 5257 from December 1, 2014, to July 11, 2019, is dismissed. 

Entitlement to a rating in excess of 60 percent for status post total right knee arthroplasty under Diagnostic Code 5055, from September 1, 2020, is dismissed. 

Entitlement to an effective date earlier than November 17, 2015, for the grant of a total disability rating based on individual unemployability (TDIU) is dismissed. 

FINDING OF FACT

On November 12, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal 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 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 In the present case, the Appellant has withdrawn this appeal in a November 2021 correspondence, which stated that he "would like to withdrawals from any pending appeals. I am satisfied with my rating at this time." Therefore, 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.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Patrick, 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.