Citation Nr: 21022260
Decision Date: 04/15/21	Archive Date: 04/15/21

DOCKET NO. 16-60 147
DATE: April 15, 2021

ORDER

The claim of entitlement to an initial rating in excess of 20 percent for degenerative disc disease of the cervical spine is dismissed.

The claim of entitlement to an initial rating in excess of 10 percent for right knee osteoarthritis is dismissed.

The claim of entitlement to an initial rating in excess of 20 percent for right knee medial collateral ligament strain with residual knee instability is dismissed.

The claim of entitlement to an initial rating in excess of 20 percent for left ankle osteoarthritis is dismissed.

FINDING OF FACT

On April 8, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran requesting withdrawal of the above claims.

CONCLUSION OF LAW

The criteria for withdrawal of the above claims by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1972 to August 1976, from February 1991 to June 1991, from August 1996 to December 1996, from October 2003 to May 2004, from July 2005 to November 2005, from November 2006 to July 2008, from August 2008 to December 2008, from March 2013 to August 2013, from March 2014 to December 2014, and from May 2020 to October 2020.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

Withdrawn Claims

1. The claim of entitlement to an initial rating in excess of 20 percent for degenerative disc disease of the cervical spine is dismissed.

2. The claim of entitlement to an initial rating in excess of 10 percent for right knee osteoarthritis is dismissed.

3. The claim of entitlement to an initial rating in excess of 20 percent for right knee medial collateral ligament strain with residual knee instability is dismissed.

4. The claim of entitlement to an initial rating in excess of 20 percent for left ankle osteoarthritis 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the appellant withdrew the above claims in a written statement received by VA on April 8, 2021.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Elizabeth Jalley, 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.