Citation Nr: 21026304
Decision Date: 04/30/21	Archive Date: 04/30/21

DOCKET NO. 16-32 520
DATE: April 30, 2021

ORDER

Entitlement to an increased rating for right knee retropatellar pain syndrome, chondromalacia, and degenerative arthritis, status post arthroscopic surgery, with recurrent patellar subluxation, is dismissed.

Entitlement to an increased rating for left knee retropatellar pain syndrome, chondromalacia, and degenerative arthritis with painful motion is dismissed.

FINDING OF FACT

In December 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1992 to April 1996.  He received the Army Commendation Medal; Good Conduct Medal; National Defense Service Medal; Army Service Ribbon; Overseas Service Ribbon; and, Marksmanship Badge (Rifle M-16).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 appellant or by his or her authorized representative. 38 C.F.R. § 19.55.  In the present case, the Veteran has withdrawn this appeal. See December 2020 Correspondence, p. 1.  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.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	W.V. Walker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.