Citation Nr: 21021268
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 19-28 927
DATE: April 12, 2021

ORDER

The appeal for entitlement to service connection for a left knee condition is dismissed.

FINDING OF FACT

In October 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 June 1946 to December 1947. He is a recipient of the World War II Victory Medal and the Army of Occupation Medal. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2017 rating decision by a regional office (RO) of the Department of Veterans Affairs (VA).

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 19.22, 19.55.

In a signed statement, received in October 2020 by the Board, the Veteran stated that it was in his “best interest to not pursue any further actions regarding my injury to my knee at this time.”  He continued with a specific request to cancel his hearing request.  His statement included his name and claim file number, satisfying the requirements of 38 C.F.R. § 19.55(b) for withdrawal.  Most importantly, the Veteran’s intent was clearly communicated in his writing.  The Board notes that since the Veteran has actively pursued claims for special monthly compensation for himself and his wife.

There remain no allegations of error of fact or law for appellate consideration on this issue, and the Board does not have further jurisdiction. The appeal as to the claim for entitlement for a left knee condition is dismissed.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Nolan, Shane D.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.