Citation Nr: 21041127
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 16-57 624
DATE: July 8, 2021

ORDER

Entitlement to an evaluation in excess of 10 percent for a right knee disability is dismissed.

Entitlement to an evaluation in excess of 10 percent for a left knee disability is dismissed.

Entitlement to an evaluation in excess of 10 percent for a lumbar spine disability is dismissed.

Entitlement to a compensable evaluation for hypertension is dismissed.

FINDING OF FACT

In January 2020, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw all pending claims, including claims for an increased rating for bilateral knee, lumbar spine and hypertension disabilities.

CONCLUSION OF LAW

The criteria for withdrawal of the claims of increased ratings for bilateral knee, lumbar spine, and hypertension disabilities are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from March 2010 to March 2016.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

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 (d)(5). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative.  In a January 2020 written correspondence, the Veteran withdrew his increased rating claims for right and left leg, status post fasciotomy, with patellofemoral pain syndrome; lumbosacral strain; and a claim for a compensable rating for hypertension. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review those claims and the claims are dismissed. 

 

 

MARTIN B. PETERS

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.