Citation Nr: 21014395 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 17-66 440 DATE: March 12, 2021 ORDER The appeal with respect to entitlement to an initial disability rating in excess of 10 percent for degenerative arthritis of the left knee is dismissed. The appeal with respect to entitlement to an effective date prior to November 3, 2016 for the award of service connection for degenerative arthritis of the left knee is dismissed. FINDING OF FACT In January 2021, prior to the promulgation of an appellate decision, the Board received notification from the Veteran that a withdrawal of this appeal was requested. 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 Army from March 2007 to March 2015, to include service in Iraq and Afghanistan. His decorations include the Army Commendation Medal and the Army Achievement Medal. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The RO granted service connection and a 10 percent rating for degenerative arthritis of the left knee, effective November 3, 2016. The Veteran appealed, seeking a higher rating and earlier effective date. The issues on appeal were previously before the Board in April 2020, when they were remanded to the agency of original jurisdiction (AOJ) for additional development. After taking further action, the AOJ confirmed and continued the prior determinations and returned the case to the Board. 1. The appeal with respect to entitlement to an initial disability rating in excess of 10 percent for degenerative arthritis of the left knee is dismissed. 2. The appeal with respect to entitlement to an effective date prior to November 3, 2016 for the award of service connection for degenerative arthritis of the left knee is dismissed. 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 An appeal may be withdrawn as to any or all issues involved in an appeal. 38 C.F.R. § 19.55.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. The correspondence indicated that he wished to withdraw his appeal in its entirety and 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 John Kitlas, 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.