Citation Nr: 21029633
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 18-38 672A
DATE: May 14, 2021

ORDER

A rating in excess of 10 percent for patellofemoral syndrome, right knee, is dismissed.

A rating in excess of 20 percent for right shoulder surgical repair residuals with tendinitis is dismissed.

FINDINGS OF FACT

1. The Veteran had active service from February 1997 to February 2001. 

2. On December 3, 2020, prior to the promulgation of a decision, the Board received notification from the Veteran's representative that he requested to withdraw the appeal of an increased rating for a right knee disability and right shoulder disability.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for a rating in excess of 10 percent for patellofemoral syndrome, right knee, have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

2. The criteria for withdrawal of the appeal for a rating in excess of 20 percent for right shoulder surgical repair residuals with tendinitis have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. 

In December 2020, the Veteran, through his representative, withdrew the issues on appeal. 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 of the claims for an increased rating for a right knee disability and a right shoulder disability, and they are dismissed. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.