Citation Nr: 21011804 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 13-28 617A DATE: March 2, 2021 ORDER Entitlement to a rating in excess of 10 percent for residuals of a left knee meniscectomy before September 10, 2015 and in excess of 30 percent for a total left knee arthroplasty from November 1, 2016, to include a separate compensable rating for surgical scars, is dismissed. Entitlement to an effective date before September 10, 2015 and an extension beyond October 31, 2016 for the grant of a temporary total rating for convalescence following a total left knee arthroplasty is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed. FINDING OF FACT On January 4, 2021, VA received notification from the Veteran and his attorney, asking to withdraw his appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal 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 December 1972 to December 1975. This appeal was previously before the Board of Veterans’ Appeals (Board) in September 2020, at which time the Board, in part, remanded the issues listed above for additional development. Following the remand and after the appeal had been recertified to the Board, the Veteran’s attorney sent a letter advising that he was withdrawing from representation of the Veteran. The letter did not provide any explanation for the withdraw of representation. In a January 2021 letter, the Board notified the attorney that the decision to withdraw from representation after certification of an appeal is not a unilateral choice to be exercised at the discretion of the representative and a motion for withdraw demonstrating “good cause” must be filed. The attorney was informed that the appeal would be held in abeyance for 30 days or until such a motion had been received. To date, no such motion has been filed. Because there has not been compliance with the provisions of 38 C.F.R. § 20.6, the attempted withdrawal of representation is not valid. Accordingly, the attorney of record is deemed still to be the Veteran's representative. 1. Entitlement to a rating in excess of 10 percent for residuals of a left knee meniscectomy before September 10, 2015 and in excess of 30 percent for a total left knee arthroplasty from November 1, 2016, to include a separate compensable rating for surgical scars, is dismissed. 2. Entitlement to an effective date before September 10, 2015 and an extension beyond October 31, 2016 for the grant of a temporary total rating for convalescence following a total left knee arthroplasty is dismissed. 3. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed. The requirements for making a written withdraw of an appeal are set out in 38 C.F.R. § 19.55. Hembree v. Wilkie, 33 Vet. App. 1, 5 (2020). By regulation, a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 19.55(a). To be effective, the “withdrawal[] must be in writing [and] must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf).” Id. (b)(1). The withdrawal must also include “the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.” Id. And “[i]f the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.” Id. When deciding whether the withdrawal is valid, the Board should ordinarily confine itself to examining the written submission to determine whether it complies with the requirements laid out in the regulation. Hembree, 33 Vet. App. at 6. If the withdrawal includes the name of the veteran, the file number, and unambiguously identifies the claims to be withdrawn, then the written withdrawal will be considered valid, and the Board need not look to other evidence to find it so. Id. (Continued on the next page)   In January 2021, VA received two documents relevant here: (1) a cover letter signed by the Veteran’s attorney and (2) a VA Form 21-4138 (“Statement in Support of Claim”) signed by the Veteran. They are not in conflict. Both documents contain the Veteran’s name and file number, and both “list the issues withdrawn from the appeal.” They go on to say that the Veteran “would like to withdraw” the appeal “docketed at the Board of the Veterans’ Appeals on November 10, 2020.” The Board finds the Veteran’s written withdrawal valid and unambiguous. As the Veteran’s written withdrawal is effective when received, the Board does not have jurisdiction to review the appeal and it is dismissed. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Canedy, 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.