Citation Nr: 21015849
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 19-29 907
DATE: March 18, 2021

ORDER

Entitlement to an increased rating for osteoarthritis of the right knee is dismissed.

Entitlement to an increased rating for right knee instability, claimed as right knee residuals, is dismissed.

FINDINGS OF FACT

1. By the submission dated December 12, 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to service connection for osteoarthritis of the right knee. 

2. By the submission dated December 12, 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to service connection for right knee instability. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of service connection for osteoarthritis of the right knee. 38 U.S.C.                   § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of service connection for right knee instability. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from October 1973 to April 1977.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a March 2019 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In an October 2020 rating decision, the Veteran’s claim for a total rating based upon individual unemployability (TDIU) was granted effective June 27, 2018.

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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.

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The Veteran withdrew his appeal for entitlement to an increased rating for osteoarthritis of the right knee, entitlement to an increased rating for right knee instability by a December 2020 submission and a January 2021 correspondence letter to the RO. This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal was withdrawn and was specific as to which issue was withdrawn. 38 C.F.R. § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). As there remains no allegations of errors of fact or law for appellate consideration regarding the above-mentioned issues, the Board does not have jurisdiction over these issues, and they are dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Adeyemi, 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.