Citation Nr: 21015003
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 15-41 443
DATE: March 16, 2021

ORDER

Entitlement to a rating in excess of 10 percent for a left knee strain has been withdrawn and is dismissed.  

Entitlement to a rating in excess of 10 percent for right knee degenerative joint disease has been withdrawn and is dismissed. 

Entitlement to service connection for hypertension has been withdrawn and is dismissed.

Entitlement to service connection for a bilateral hip disability has been withdrawn and is dismissed.

FINDING OF FACT

In a signed letter dated in January 2021, and prior to the promulgation of a decision, the Veteran indicated that he wished to withdraw his pending claims of service connection for hypertension and a bilateral hip disability and increased ratings for his service-connected right and left knee disabilities.  

CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal have been met with respect to the issues of entitlement to service connection for hypertension and a bilateral hip disability and increased ratings for service-connected right and left knee disabilities.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from March 1966 to March 1969.  

These matters come before the Board of Veterans’ Appeals (Board) on appeal from June and November 2015 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

These matters were remanded by the Board in a July 2020 decision.  While in remand status, in a December 2020 rating decision, the RO granted service connection for a lumbosacral strain and assigned a 10 percent disability rating, effective September 2015.  The grant of service connection constitutes a full award of the benefit sought on appeal with respect to the claim of service connection for a lumbar spine disability.  See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997).  The record currently available to the Board contains no indication that the Veteran has initiated an appeal with the initial rating or effective date assigned. Grantham, 114 F. 3d at 1158 (holding that a separate notice of disagreement must be filed to initiate appellate review of “downstream” elements such as the disability rating or effective date assigned).  Thus, this issue is not in appellate status at this juncture.

In a signed statement dated in January 2021, the Veteran indicated that he wished to withdraw his pending claims of service connection for hypertension and a bilateral hip disability and increased ratings for his service-connected right and left knee disabilities.  As such, there remains no allegation of error of fact or law for appellate consideration as to these issues.  The Board has no jurisdiction to review the appeal of entitlement to service connection for hypertension and a bilateral hip disability or entitlement to increased ratings for his service-connected right and left knee disabilities.  Accordingly, the pending claims are dismissed.  

 

 

Marissa Caylor

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. (Hurley) Merrick

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.