Citation Nr: 21013688
Decision Date: 03/10/21	Archive Date: 03/10/21

DOCKET NO. 12-33 828A
DATE: March 10, 2021

ORDER

The appeal seeking entitlement to an increased rating for left knee limitation of extension is dismissed.

The appeal seeking entitlement to an increased rating for left knee instability is dismissed.

The appeal seeking entitlement to an increased rating for right knee limitation of extension is dismissed.

The appeal seeking entitlement to an increased rating for right knee instability is dismissed.

The appeal seeking entitlement to an earlier effective date for the award of a total disability rating based on individual unemployability due to service connected disability (TDIU) is dismissed.

FINDING OF FACT

On January 26, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his authorized representative) 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 1969 to October 1970.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from rating decisions by Regional Offices (ROs) of the Department of Veterans Affairs (VA).  The Veteran presented testimony at a Board hearing before the undersigned Veterans Law Judge in April 2016.  This case was previously before the Board, and most recently in May 2020 when the issues remaining on appeal were remanded for additional development.  In a December 2020 supplemental statement of the case (SSOC), the Agency of Original Jurisdiction (AOJ) recognized that this appeal includes the additional issue of entitlement to an earlier effective date for the award of a TDIU.

On January 26, 2021, VA received correspondence from the Veteran’s representative stating that the Veteran “was awarded Individual Unemployability” and “is completely satisfied with the outcome of this decision and it[]s effective date.”  The statement unequivocally states: “he wishes to withdraw[] any/all pending issues with Department of Veteran Affairs, and Board of Veteran appeals at this time.”

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the appellant, through his authorized 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. 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Barone, Alexander

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.