Citation Nr: 21030654
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 14-38 466A
DATE: May 19, 2021

ORDER

Entitlement to a rating in excess of 20 percent for a lumbar spine disability the period prior to February 2, 2018 is dismissed.

Entitlement to a rating in excess of 10 percent under diagnostic code 5260 for a service-connected right knee disability is dismissed.

Entitlement to a rating in excess of 10 percent under diagnostic code 5260 for a service-connected left knee disability is dismissed.

Entitlement to an initial compensable rating for limitation of extension of the right knee is dismissed.  

Entitlement to an initial compensable rating for limitation of extension of the right knee is dismissed.  

 

FINDING OF FACT

On April 23, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeals was requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to a rating in excess of 20 percent for a lumbar spine disability for the period prior to February 2, 2018 have been met.  38 U.S.C. § 7105(b) (2), (d) (5) (2012); 38 C.F.R. § 20.204 (2020).

2. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to a rating in excess of 10 percent for a service-connected right knee disability have been met.  38 U.S.C. § 7105(b) (2), (d) (5) (2012); 38 C.F.R. § 20.204 (2020).

3. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to a rating in excess of 10 percent for a service-connected left knee disability have been met.  38 U.S.C. § 7105(b) (2), (d) (5) (2012); 38 C.F.R. § 20.204 (2020).

4. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to an initial compensable rating for limitation of extension of the right knee have been met.  38 U.S.C. § 7105(b) (2), (d) (5) (2012); 38 C.F.R. § 20.204 (2020).

 

5. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to an initial compensable rating for limitation of extension of the right knee have been met.  38 U.S.C. § 7105(b) (2), (d) (5) (2012); 38 C.F.R. § 20.204 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from June 1957 to June 1960 and from July 1960 to January 1979.

This matter originally came before the Board of Veterans' Appeals (Board) from a November 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Decatur, Georgia. 

The Veteran testified at a February 2018 Travel Board hearing before the undersigned Veterans Law Judge (VLJ). A copy of the hearing transcript is associated with the claims file. 

The matter was previous remanded in April 2018 and August 2020 for further development. 

Withdrawals

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 (2012).  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 (2020).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204. 

In the present case, the Veteran in an April 2021 correspondence indicated that he wished to withdraw his appeal as to all remaining pending appeals.  Therefore, the Veteran has withdrawn his appeal as to these issues, 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 as to these issues and they are dismissed.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	James A. DeFrank, 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.