Citation Nr: 21026003
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 06-32 005A
DATE: April 29, 2021

ORDER

The issue of entitlement to a disability rating in excess of 10 percent for service-connected right knee osteoarthritis is dismissed.

FINDING OF FACT

In an October 2020 statement that contains the Veteran's name and claim number, he clearly expressed his wish to withdraw his claim for entitlement to a disability rating in excess of 10 percent for service-connected right knee osteoarthritis.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met with respect to the claim for entitlement to a disability rating in excess of 10 percent for service-connected right knee osteoarthritis. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1977 to June 1981. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois.  

This matter has been remanded by the Board multiple times, most recently in February 2020. 

The Veteran testified before a Veterans Law Judge (VLJ) in July 2014. As that VLJ is no longer employed at the Board, the Veteran testified before the undersigned VLJ in October 2019; a transcript is of record. 

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Appeal withdrawals must be in writing, must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn, and must be received by the Board prior to issuance of a decision on the claim or claims being withdrawn. 38 C.F.R. § 20.204(b).

An October 2020 written statement which contains the Veteran's name and claim number, states that he wishes to “withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal.” See October 2020 Appeals Satisfaction Notice. The Board finds that this statement clearly expresses his wish to withdraw his appeal of the issue currently on appeal before the Board, as listed above. The Veteran's withdrawal was received prior to a decision by the Board on this issue. Accordingly, the criteria for withdrawal of an appeal are satisfied. See 38 C.F.R. § 20.204(b).

When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that was appealed. Thus, dismissal of the appeal is appropriate. See 38 U.S.C. § 7105(d). Accordingly, the claim for entitlement to a disability rating in excess of 10 percent for service-connected right knee osteoarthritis, is dismissed.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Mohammad

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.