Citation Nr: 21006057
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 13-33 834
DATE: February 3, 2021

ORDER

The appeals are dismissed.

FINDINGS OF FACT

1. The Veteran served on active duty from July 1961 to June 1965; he has been in receipt of a 100 percent rating based on unemployability since April 2019.

2. In November 2020, prior to the promulgation of a decision, the Board received notification from the Veteran that he wished to withdraw claims related to his increased ratings for a right knee disability. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeals by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

In September 2014, the Veteran testified before a Veterans Law Judge (VLJ).  A copy of the transcript has been associated with the claims file. However, the VLJ who presided over the hearing is no longer at the Board. In a February 2020 letter, the Veteran was provided with the opportunity to request a new hearing; however, he declined this option. As such, there is no bar to proceeding with the appeal. In April 2020, the Board remanded the issues for additional development.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran has withdrawn all issues in this appeal in relation to his right knee. Specifically, he signed and dated an Appeals Satisfaction Notice indicating that he wished to withdraw all issues. Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeals and they are dismissed.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yacoub, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.