Citation Nr: 21024132
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 14-24 337
DATE: April 22, 2021

ORDER

The appeal regarding the issue of entitlement to an initial rating in excess of 10 percent for right knee strain is dismissed.

The appeal regarding the issue of entitlement to an initial rating in excess of 10 percent for lumbar strain prior to March 11, 2016, and in excess of 20 percent thereafter is dismissed.

The appeal regarding the issue of entitlement to an initial rating in excess of 10 percent for right hip strain is dismissed. 

FINDING OF FACT

In a written statement received in March 2021, prior to the promulgation of a decision by the Board, the Veteran withdrew his appeals with respect to entitlement to increased ratings for right hip strain, right knee strain, and lumbar strain.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal as to the issue of entitlement to an initial rating in excess of 10 percent for right knee strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of the appeal as to the issue of entitlement to an initial rating in excess of 10 percent for lumbar strain prior to March 11, 2016, and in excess of 20 percent thereafter, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

3. The criteria for withdrawal of the appeal as to the issue of entitlement to an initial rating in excess of 10 percent for right hip strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the U.S. Army from May 1997 to September 1999.

This matter comes before the Board of Veterans’ Appeals (BVA or Board) on appeal from June 2014, March 2016, and October 2017 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). 

In November 2020, the Board denied entitlement to a temporary total evaluation due to treatment for non-service-connected right ankle sprain and remanded the claims of entitlement to increased ratings for back, right hip, and right knee conditions for further evidentiary development. After taking further action, the agency of original jurisdiction (AOJ) confirmed and continued the prior denial and returned the case to the Board.

Withdrawn Claims

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. Except for appeals withdrawn on the record at the time of a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.205. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Id. Withdrawal may be made by the appellant or by his or her authorized representative. Id.

In a March 2021 Statement in Support of Claim (VA Form 21-4138), the Veteran expressed the clear intent to withdraw his appeals with respect to entitlement to increased ratings for right hip strain, right knee strain, and lumbar strain. As there remain no allegations of errors of fact or law for appellate consideration of those issues, the Board does not have jurisdiction to address them and they are dismissed.

 

 

RICHARD K. KETTLER

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Middleton, 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.