Citation Nr: 21028758
Decision Date: 05/12/21	Archive Date: 05/11/21

DOCKET NO. 17-31 907
DATE: May 12, 2021

ORDER

Entitlement to a rating in excess of 10 percent from November 3, 2014, for residuals of a right knee injury with arthralgia is dismissed.

Entitlement to a rating in excess of 10 percent prior to October 19, 2017, for degenerative arthritis of the cervical spine is dismissed.

Entitlement to a rating in excess of 20 percent from October 19, 2017, for degenerative arthritis of the cervical spine is dismissed.

FINDINGS OF FACT

In a statement received in May 2021, prior to a decision being promulgated by the Board on the claims, the Veteran indicated her desire to withdraw her appeal.  

CONCLUSIONS OF LAW

1. The criteria for dismissal of entitlement to a rating in excess of 10 percent from November 3, 2014 for residuals of a right knee injury with arthralgia have been met.  38 U.S.C. § 7105; 38 C.F.R.  § 19.55.

2. The criteria for dismissal of entitlement to a rating in excess of 10 percent prior to October 19, 2017, for degenerative arthritis of the cervical spine have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of entitlement to a rating in excess of 20 percent from October 19, 2017 for degenerative arthritis of the cervical spine have been met.  38 U.S.C. § 7105; 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 October 1982 to February 1983 and from January 2003 to April 2004. 

The appeals for entitlement to increased disability ratings for degenerative arthritis of the spine and for residuals of a right knee injury with arthralgia are dismissed. 

The claimant or the claimant's representative may withdraw an appeal as to any or all issues on appeal. 38 C.F.R. § 20.204(a). Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 20.204(b)(1). A withdrawal is effective when received provided that receipt is prior to the issuance of a decision by the Board. 38 C.F.R. § 20.204(b)(3). A written withdrawal request is effective where it includes (i) the name of the appellant, (ii) the file number, and (iii) a statement that the appeal is withdrawn. 38 C.F.R. § 20.204(b). Withdrawal of a claim constitutes a withdrawal of the notice of disagreement. 38 C.F.R. § 20.204(c). There is no obligation to proceed with further adjudication following withdrawal. Hanson v. Brown, 9 Vet. App. 29 (1996).

In a May 2021 notice, the Veteran's representative, the Texas Veterans Commission, stated that she desired to cancel her hearing and withdraw her pending claims to include those seeking an increased disability rating for her cervical spine and right knee conditions. The letter contained the Veteran's name and file number, as well. As such the withdrawal effectively meets the requirements of 38 C.F.R. § 20.204. 

When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed. Consequently, dismissal of the pending appeal is the appropriate disposition. See 38 U.S.C. § 7105(d). Accordingly, further action by the Board concerning the claims for entitlement to an increased rating for degenerative arthritis of the cervical spine and for residuals of a right knee injury with arthralgia is not warranted, and the appeal of the claims is dismissed. Id.

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. F. Minnitte, Attorney Advisor

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.