Citation Nr: 21011890 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 15-37 321 DATE: March 2, 2021 ORDER The appeal with respect to entitlement to a rating in excess of 10 percent for lateral instability of the left ankle is dismissed. The appeal with respect to entitlement to a rating in excess of 10 percent prior to September 29, 2014, in excess of 30 percent from September 29, 2014, and in excess of 10 percent from December 4, 2019 for status post left medial knee reconstruction and snapping, iliotibial band, and degenerative joint disease is dismissed. The appeal with respect to entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is dismissed. FINDING OF FACT By correspondence received in January 2021, prior to the promulgation of an appellate decision, the Board received written notification from the Veteran that he wished to withdraw the present 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 in the United States Navy from September 1976 to February 1979. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The RO, in pertinent part, denied a rating in excess of 10 percent for lateral instability of the left ankle, denied a rating in excess of 10 percent for status post left medial knee reconstruction and snapping, iliotibial band, and confirmed and continued prior denials of service connection for an acquired psychiatric disability, to include depression and posttraumatic stress disorder (PTSD). In August 2015, while the appeal was pending, the RO increased the rating for the Veteran’s left knee disability to 30 percent, effective September 29, 2014. In September 2018, the Board granted the Veteran’s claim for service connection for an acquired psychiatric disability and remanded the remaining issues on appeal, to include entitlement to a TDIU, to the agency of original jurisdiction (AOJ) for additional development. In January 2019, the AOJ implemented the award of service connection for an acquired psychiatric disability, granting a 100 percent rating for the disorder from April 16, 2010. Thereafter, the AOJ denied higher ratings for the left ankle and left knee and returned the case to the Board. In April 2020, the AOJ, in pertinent part, decreased the rating for status post left medial knee reconstruction and snapping, iliotibial band, to 10 percent, effective December 4, 2019. In May 2020, the Board again remanded the issues on appeal to the AOJ for additional development. After taking further action, the AOJ recharacterized the left knee disability to include degenerative joint disease, confirmed and continued the prior ratings, and returned the case to the Board. Dismissal The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in an appeal. 38 C.F.R. § 19.55. Only an appellant, or an appellant’s authorized representative, may withdraw an appeal. Id. Appeal withdrawals 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), the applicable VA file number, and a statement that the appeal is withdrawn. If 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. By correspondence received in January 2021, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal in its entirety. The correspondence included his name and his VA file number. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied. As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and the appeal must be dismissed. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Smith, 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.