Citation Nr: 21014827 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 03-30 811 DATE: March 15, 2021 ORDER The appeal seeking a rating higher than 10 percent for right knee strain with degenerative arthritis is dismissed. The appeal seeking a rating higher than 10 percent for degenerative arthritis of the back and intervertebral disc syndrome prior to September 20, 2019, and a rating higher than 20 percent as of that date, is dismissed. The appeal seeking a rating higher than 20 percent for right lower extremity radiculopathy is dismissed. The appeal seeking a rating higher than 20 percent for left lower extremity radiculopathy is dismissed. The appeal seeking a compensable rating for left hip limitation of flexion with osteoarthritis is dismissed. The appeal seeking entitlement to nonservice-connected disability pension is dismissed. FINDING OF FACT In November 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wanted to withdraw his appeal concerning claims for increased ratings for his right knee, back, bilateral lower extremity, and left hip disabilities, as well as his claim for nonservice-connected disability pension. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal seeking a rating higher than 10 percent for right knee strain with degenerative arthritis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal seeking a rating higher than 10 percent for degenerative arthritis of the back and intervertebral disc syndrome prior to September 20, 2019, and a rating higher than 20 percent as of that date, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal seeking a rating higher than 20 percent for right lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the appeal seeking a rating higher than 20 percent for left lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the appeal seeking a compensable rating for left hip limitation of flexion with osteoarthritis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the appeal seeking entitlement to nonservice-connected disability pension have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from June 1971 to June 1974 and from July 1974 to January 1984. These matters come before the Board of Veterans Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). They were last before the Board in March 2019, when they were remanded. A September 2020 rating decision increased the rating assigned to the service-connected degenerative arthritis of the back and intervertebral disc syndrome to 20 percent effective September 20, 2019. The March 2019 Board remand also included a claim for increased rating for residuals of right total hip arthroplasty and a claim for entitlement to a total disability rating based on individual unemployability (TDIU). The appeals concerning those claims were subsequently withdrawn from the legacy appeals system after the issuance of a September 2020 supplemental statement of the case. 1. The appeal seeking a rating higher than 10 percent for right knee strain with degenerative arthritis is dismissed. 2. The appeal seeking a rating higher than 10 percent for degenerative arthritis of the back and intervertebral disc syndrome prior to September 20, 2019, and a rating higher than 20 percent as of that date, is dismissed. 3. The appeal seeking a rating higher than 20 percent for right lower extremity radiculopathy is dismissed. 4. The appeal seeking a rating higher than 20 percent for left lower extremity radiculopathy is dismissed. 5. The appeal seeking a compensable rating for left hip limitation of flexion with osteoarthritis is dismissed. 6. The appeal seeking entitlement to nonservice-connected disability pension is dismissed. 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. Id. In November 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wanted to withdraw his appeal concerning claims for increased ratings for his right knee, back, bilateral lower extremity, and left hip disabilities, as well as his claim for nonservice-connected disability pension. As the Veteran has withdrawn his appeal concerning these claims, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal concerning these claims and they are dismissed. Marissa Caylor Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Van Wambeke, 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.