Citation Nr: 21027957
Decision Date: 05/07/21	Archive Date: 05/07/21

DOCKET NO. 17-32 978
DATE: May 7, 2021

ORDER

Entitlement to a disability rating in excess of 20 percent for enthesopathy of the left shoulder (left shoulder disability) is dismissed.

Entitlement to a disability rating in excess of 10 percent prior to August 10, 2016, in excess of 10 percent from December 1, 2016 to March 27, 2017, and in excess of 30 percent from May 1, 2018 for left total knee replacement (left knee disability) is dismissed.

FINDINGS OF FACT

1. In January 2021, the Board of Veterans' Appeals (Board) received notification that the Veteran wished to withdraw the appeal as to the issue of higher rating for left shoulder disability.

2. In January 2021, the Board received notification that the Veteran wished to withdraw the appeal as to the issue of higher rating for left knee disability.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of higher rating for left shoulder disability.  38 U.S.C. § 7105(b)(2), d(5); 38 C.F.R. § 19.55.

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of higher rating for left knee disability.  38 U.S.C. § 7105(b)(2), d(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from March 1986 to January 1989, March 1998 to April 2003, and July 2003 to April 2004.  

These matters come before the Board on appeal from an August 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In October 2020, the Board remanded claims to the Agency of Original Jurisdiction (AOJ) for additional development, and they have since returned for further appellate review.

In December 2020, the Veteran's attorney moved to withdraw his services as the Veteran's representative.  Under 38 C.F.R. § 20.6(b), a representative may withdraw his or her services at any time prior to the certification of the appeal to the Board.  Here, the Veteran's appeal was certified to the Board on April 2021.  As the motion was received prior to certification, the Board grants the attorney's motion and, accordingly, the Veteran is unrepresented at this time.    

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id. 

In this case, in a January 2021 statement the Veteran withdrew his appeal as to the issues of higher rating for left shoulder disability and left knee disability, respectively.  He stated, "I would like to withdraw all issues which were remanded by the Board of Veterans' Appeals...including enthesopathy left shoulder, left knee chondromalacia patellofemoral syndrome and left knee total replacement."  As there remain no allegations of errors of fact or law for appellate consideration regarding these issues, the Board does not have jurisdiction over these issues, and they are dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Mathew

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.