Citation Nr: 21030129
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 16-30 295
DATE: May 17, 2021

ORDER

The claim for an evaluation in excess of 20 percent for degenerative arthritis with meniscal tear, left knee, status post arthroscopic meniscectomy, is dismissed.

FINDING OF FACT

In July 2020, prior to the promulgation of a final decision in the appeal, the RO received written notification from the Veteran and with confirmation sent from his attorney, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from April 1981 to January 2001. For his meritorious service, the Veteran was awarded (among other decorations) the Army Commendation and Achievement Medals.

Given the disposition here, an extended discussion of the procedural history of the Veteran's claim is unnecessary.  In pertinent part, the Board of Veterans' Appeals (Board) remanded the issue listed above in February 2019.  In an April 2020 rating decision, a Department of Veterans Affairs (VA) Regional Office (RO) granted a staged increased rating.  

In letters of July 2020, the Veteran and his attorney both wrote to VA requesting to withdraw the appeal seeking entitlement to an increased rating for a left knee disability.  Both letters included the Veteran's name, his applicable VA file number, and a clear statement withdrawing this issue.  These letters therefore meet the criteria to be considered a valid withdrawal.  38 C.F.R. § 19.55 (providing the criteria for a withdrawal of a claim under the legacy appeals system).  

In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.