Citation Nr: 21010673
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 20-03 060
DATE: February 25, 2021

ORDER

1. Entitlement to an increased disability rating for left knee degenerative arthritis in excess of 10 percent is dismissed.

2. Entitlement to an increased disability rating for right knee strain in excess of 10 percent is dismissed.

FINDING OF FACT

In June 2020, prior to the promulgation of a decision in the appeal and in response to a June 2020 supplemental statement of the case (SSOC), the Board received written notification from the Veteran’s representative that he wished to withdraw his appeal regarding increased disability ratings for left knee degenerative arthritis and right knee strain.

CONCLUSIONS OF LAW

The criteria for withdrawal of a claim of entitlement to an increased disability rating for left knee degenerative arthritis in excess of 10 percent have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

The criteria for withdrawal of a claim of entitlement to an increased disability rating for right knee strain in excess of 10 percent have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active service from May 1988 to April 1990.

These matters come to the Board of Veterans’ Appeals (Board) from a November 2018 rating decision of the Department of Veterans Affairs (VA).

1. Entitlement to an increased disability rating for left knee degenerative arthritis in excess of 10 percent.

2. Entitlement to an increased disability rating for right knee strain in excess of 10 percent.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, in June 2020, prior to the promulgation of a decision in the appeal and in response to a June 2020 SSOC, the Board received notification from the Veteran’s representative that a withdrawal of his appeal concerning increased disability ratings for left knee degenerative arthritis and right knee strain is requested.  As such, the Veteran has withdrawn the appeal as to these issues and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 matters, and they are dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Chad Johnson, 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.