Citation Nr: 21030552 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 14-33 089 DATE: May 19, 2021 ORDER As the claim is withdrawn, the issue of entitlement to a rating in excess of 10 percent prior to September 12, 2010, in excess of 30 percent from November 1, 2011 to September 9, 2019, and in excess of 60 percent from September 9, 2019, for residuals of total left knee replacement is dismissed. As the claim is withdrawn, the issue of entitlement to a rating in excess of 10 percent prior to October 21, 2011, in excess of 30 percent from December 1, 2012, to October 2, 2019, and in excess of 60 percent from October 2, 2019, for residuals of total right knee replacement is dismissed. As the claim is withdrawn, the issue of entitlement to a compensable rating prior to October 21, 2019, and in excess of 40 percent therefrom, for benign prostatic hypertrophy (BPH) is dismissed. FINDING OF FACT On April 17, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal, as to all issues, is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim of entitlement to increased ratings for right knee disability by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the claim of entitlement to increased ratings for left knee disability by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the claims of entitlement to increased ratings for BPH by the appellant 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 from January 2003 to January 2005, and from January 2005 to July 2006. He has had a 100 percent combined VA schedular disability rating from September 9, 2019. These matters come before the Board of Veterans' Appeals (Board) on appeal from January 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). An April 2018 Board decision remanded the appeal to include a claim for service connection for back disability. During remand status, the RO granted service connection for spinal stenosis in a March 2020 rating decision. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board). The March 2020 rating decision also granted a 40 percent rating for urinary frequency due to BPH, effective October 21, 2019. 1. Entitlement to a rating in excess of 10 percent prior to September 12, 2010, in excess of 30 percent from November 1, 2011 to September 9, 2019, and in excess of 60 percent from September 9, 2019, for residuals of total left knee replacement. 2. Entitlement to a rating in excess of 10 percent prior to October 21, 2011, in excess of 30 percent from December 1, 2012, to October 2, 2019, and in excess of 60 percent from October 2, 2019, for residuals of total right knee replacement. 3. Entitlement to a compensable rating prior to October 21, 2019, and in excess of 40 percent therefrom, for BPH. Issues 1-3: 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. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. In a written statement received in April 2021, the appellant requested a withdrawal of "all other issues...[and] would like only Unemployability addresses [sic]." See Correspondence (April 2021). That written notice contained the Veteran's name, claim number, and a statement that the appeal is withdrawn. It is clear and unambiguous. The Board notes that the claim of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) was withdrawn from the Legacy appeal system, see Appeal Notification Letter (February 2018), and was adjudicated in the modernized review system in an unappealed Rapid Appeals Modernization Program (RAMP) decision. A November 2018 letter provided the Veteran notice of that decision and how to file an appeal. See Appeal Notification Letter (November 2018). Hence, there remain no allegations of errors of fact or law for appellate consideration regarding the issues of increased ratings for service-connected bilateral knee disabilities and BPH. (Continued on the next page) Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thaddaeus J. Cox, 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.