Citation Nr: 21031473
Decision Date: 05/22/21	Archive Date: 05/22/21

DOCKET NO. 16-47 645
DATE: May 22, 2021

ORDER

The appeal regarding entitlement to service connection for a left knee disability secondary to a service-connected right knee disability is dismissed.

FINDING OF FACT

On September 16, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her authorized representative, requesting withdrawal of this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of entitlement to service connection for a left knee disability secondary to a service-connected right knee disability are met.  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 September 1990 to May 1992.

This matter comes before the Board on appeal from a May 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran was scheduled for a Board hearing in March 2020, but submitted a statement cancelling her hearing in February 2020.  See February 2020 VA Form 21-4138, Statement in Support of Claim.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  

In the present case, the appellant has withdrawn this appeal in the above-referenced February 2020 statement. See February 2020 VA Form 21-4138, Statement in Support of Claim.  In the withdrawal statement, the Veteran's representative specifically requested that the appeal for "service connection of left knee secondary to service-connected right knee" be withdrawn. Hence, there remains no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.