Citation Nr: 21010222
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 14-25 304
DATE: February 24, 2021

ORDER

The appeal of claims for increased ratings for bilateral knee disabilities is dismissed.

FINDING OF FACT

On December 7, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of the appeal of the claims for increased ratings for bilateral knee disabilities is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the claims for increased ratings for bilateral knee disabilities 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 March 1994 to March 1998. The Veteran’s claims of increased ratings for his bilateral knee disabilities is on appeal to the Board of Veterans’ Appeals (Board) from a March 2013 rating decision. In a December 2, 2020 SSOC and rating decision, both his right and left knee disability ratings were increased to 50 percent. In December 7, 2020 signed correspondence from the Veteran’s representative, it was indicated the Veteran was satisfied with the decision rendered and requested to withdraw all remaining issues on appeal contained in the recent SSOC. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. In the present case, the Veteran, through his representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.