Citation Nr: 21029147
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 20-03 078
DATE: May 12, 2021

ORDER

Entitlement to an increased rating in excess of 30 percent for residuals, right knee degenerative joint disease, status post total right knee replacement is dismissed.

FINDING OF FACT

On April 12, 2021, prior to promulgation of a decision in the appeal, the Veteran's attorney testified that the Veteran wished to withdraw of his appeal seeking an increased rating for residuals, right knee degenerative joint disease, status post total right knee replacement. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from September 1963 to August 1965.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2019 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran and his representative appeared before the undersigned for a video conference hearing on April 12, 2021.   Rather than present testimony and as discussed below, the Veteran via his attorney requested to withdraw his claim on appeal. Thus, this case has been activated under the Board's "one touch" program for dismissal of the claims.

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1. Entitlement to an increased rating in excess of 30 percent for residuals, right knee degenerative joint disease, status post total right knee replacement 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. At the April 2021 hearing, the Veteran's attorney requested the claim for an increased rating for the knee to be withdrawn.  Prior to the hearing, the Veteran's attorney informed the undersigned that he had discussed the consequences of the withdraw and that the Veteran agreed to the withdrawal of the claim.  Accordingly, there remain no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Hughes

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.