Citation Nr: 21022809
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 16-63 874
DATE: April 19, 2021

ORDER

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.

Entitlement to service connection for hip left disability is dismissed.

Entitlement to service connection for left knee disability is dismissed.

Entitlement to service connection for right knee disability is dismissed.

FINDINGS OF FACT

1. The Veteran’s claim for service connection for left hip, left knee, and right knee disabilities were granted in full in a December 2020 rating decision, after the appeal of these issues were initiated at the Board of Veteran’s Appeals (Board).  

2. In January 2021, the Veteran informed the Board that he wished to withdraw his appeal related to an increased rating for PTSD in a completed VA Appeals Satisfaction Notice.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to a rating in excess of 70 percent for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of left hip disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of left knee disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for dismissal of right knee disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active duty in the Army from April 1969 to April 1971.  The issues were last before the Board in April 2020 and remanded for additional development and adjudication.

In a December 2020 rating decision, the regional office (RO) granted service connection for degenerative arthritis left hip, limitation of extension; left knee patellofemoral syndrome; right knee patellofemoral syndrome; degenerative arthritis left hip, limitation of flexion; and degenerative arthritis left hip, thigh impairment.  As service connection for these appeals have been awarded by the December 2020 rating decision, the appeals are considered granted in full and are no longer before the Board.  

In January 2021, the Veteran informed the Board that he wished to withdraw his remaining appeal for an increased rating in excess of 70 percent for PTSD via a completed and signed VA Appeals Satisfaction Notice.  The Appeals Satisfaction Notice corresponds to the issue of entitlement for an increased rating in excess of 70 percent for PTSD, on appeal before the Board, and listed in the December 2020 supplemental statement of the case (SSOC).  

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.  In the current case, the issues on appeal for service connection were granted in full in the December 2020 rating decision, and the Veteran appropriately withdrew his appeal for an increased rating of his PTSD in a January 2021 Appeals Satisfaction Notice.  Accordingly, there remains no specific error of fact or law on appeal for the Board to adjudicate.  Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997).  As such, the Board finds that the criteria to dismiss the appeals are met.  38 U.S.C. § 7105.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Lee

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.