Citation Nr: 21022168
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 18-48 254
DATE: April 14, 2021

ORDER

Entitlement to service connection for degenerative arthritis of the lumbar spine is dismissed. 

Entitlement to service connection for osteoarthritis of the left hip is dismissed.

Entitlement to service connection for osteoarthritis of the right hip is dismissed.

Entitlement to a disability rating in excess of 10 percent for status post-anterior cruciate ligament (ACL) repair, right knee, prior to November 19, 2018, and in excess of 20 percent thereafter is dismissed.

Entitlement to a compensable disability rating for limitation of extension, right knee, prior to November 19, 2018, and in excess of 20 percent thereafter is dismissed.

Entitlement to restoration of a 30 percent disability rating for status post-ACL repair, right knee, effective October 24, 2017, is dismissed.

Entitlement to restoration of a 30 percent disability rating for limitation of extension, right knee, effective October 24, 2017, is dismissed.

FINDING OF FACT

In February 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of all active appeals is requested.

CONCLUSION OF LAW

The criteria for withdrawal by the Veteran of all active appeals have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2018); 38 C.F.R. § 20.204 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Navy from June 1984 to April 1988, and again from August 1988 to January 1994.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative. Id.

In the present case, the Veteran has withdrawn his pending claims on appeal.  Specifically, in a February 2020 statement, the Veteran stated “[p]lease close out all active claims for appeals.  I do not wish to appeal any previous decisions.”  In a December 2020 statement, he stated, “I do not want a hearing.  I wish to cancel my appeal.  I have submitted this request in the past. Please cancel my appeal.”  He then stated that he had received a letter scheduling him for hearing, and reiterated, “I do not wish to continue the appeal.”  As the Veteran has withdrawn his appeal, there remains no allegation of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and they are dismissed. 

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Riordan, 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.