Citation Nr: 21077155
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 17-40 645
DATE: December 28, 2021

ORDER

Compensation under 38 U.S.C. § 1151 for an additional disability of the left knee is dismissed.

An evaluation higher than 30 percent for situational phobia with a depressive disorder is dismissed.

FINDING OF FACT

In September 2021, the Veteran's attorney submitted a signed statement requesting to withdraw the Veteran's claims for compensation under 38 U.S.C. § 1151 for an additional disability of the left knee and an evaluation higher than 30 percent for situational phobia with a depressive disorder.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the claim for entitlement to compensation under 38 U.S.C. § 1151 for an additional disability of the left knee have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of the claim for entitlement to an evaluation higher than 30 percent for situational phobia with a depressive disorder have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from November 1978 to November 1981.  These matters come before the Board on appeal from September 2015 and July 2016 rating decisions.

1. Compensation under 38 U.S.C. § 1151 for an additional disability of the left knee is dismissed.

2. An evaluation higher than 30 percent for situational phobia with a depressive disorder is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In September 2021, the Veteran's attorney submitted a signed statement requesting to withdraw the Veteran's claims for compensation under 38 U.S.C. § 1151 for an additional disability of the left knee and an evaluation higher than 30 percent for situational phobia with a depressive disorder.  Accordingly, there remain no allegations of errors of fact or law for appellate consideration regarding the issues.  The Board does not have jurisdiction to review the issues, and dismissal is warranted. 

 

P. M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Buck Denton

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.