Citation Nr: 21028286
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 08-27 373
DATE: May 10, 2021

ORDER

The claim of entitlement to an initial disability rating in excess of 10 percent prior to March 8, 2018, and in excess of 20 percent thereafter, for degenerative changes of the lumbar spine is dismissed.

The claim of entitlement to an initial disability rating in excess of 10 percent for degenerative arthritis of the right knee is dismissed.

FINDING OF FACT

On April 27, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant requesting withdrawal of the claims of entitlement to increased ratings for degenerative changes of the lumbar spine and degenerative changes of the right knee. 

CONCLUSION OF LAW

The criteria for withdrawal by the appellant of the claims of entitlement to increased ratings for degenerative changes of the lumbar spine and degenerative changes of the right knee have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1978 to April 1992.  This matter comes before the Board on appeal from a September 2005 Regional Office (RO) rating decision.

The Veteran died in August 2020, and his surviving spouse has been substituted as the appellant in this case.

1. The claim of entitlement to an initial disability rating in excess of 10 percent prior to March 8, 2018, and in excess of 20 percent thereafter, for degenerative changes of the lumbar spine is dismissed.

2. The claim of entitlement to an initial disability rating in excess of 10 percent for degenerative arthritis of the right knee is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the appellant withdrew the claims of entitlement to increased ratings for degenerative changes of the lumbar spine and degenerative changes of the right knee in a written statement received by VA on April 27, 2021.  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.

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TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Elizabeth Jalley, 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.