Citation Nr: 21026136
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 13-17 312
DATE: April 29, 2021

ORDER

Entitlement to service connection for status-post left quadriceps repair (originally claimed as bilateral knee pain), to include as secondary to service-connected bilateral pes planus, is dismissed as withdrawn.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, requested to withdraw the issue herein.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to service connection for status-post left quadriceps repair have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had qualifying service from August 1970 to February 1973.

In August 2016, the Veteran testified at a Board Videoconference Hearing before the undersigned Veterans Law Judge.

In a January 2017 Decision, the Board, in pertinent part, denied entitlement to service connection for bilateral knee pain.  

In a September 2017 Joint Motion for Partial Remand (JMPR), the U.S. Court of Appeals for Veterans Claims, in pertinent part, vacated the portion of the January 2017 Board Decision that denied entitlement to service connection for bilateral knee pain and remanded the issue for further adjudication. 

In a February 2018 Decision, the Board, in pertinent part, remanded entitlement to service connection for bilateral knee pain.  

In a December 2019 Decision, the Board, in pertinent part: (a) granted entitlement to service connection for bilateral knee strain; and (b) remanded entitlement to service connection for status-post left quadriceps repair (splitting the left knee issue into two issues based on two pertinent diagnoses).  

In a November 2020 Decision, the Board, in pertinent part, remanded entitlement to service connection for status-post left quadriceps repair.

1. Entitlement to service connection for status-post left quadriceps repair

(Continued on the next page)

 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or by his authorized representative.  Id.  In a March 2021 Brief (received into the claims file on April 16, 2021), the Veteran, through his representative, requested to withdraw the issue herein (and emphasized that it was the second request for withdrawal, with the first request being in a September 2020 Brief).  As the Veteran has withdrawn this issue, there remain no allegations of errors of fact or law for appellate consideration; accordingly, the Board does not have jurisdiction to review this issue and it is dismissed.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	H. Daus, 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.