Citation Nr: 21042452
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 16-32 952
DATE: July 13, 2021

ORDER

Entitlement to a disability evaluation in excess of 10 percent for right knee intrasubstance degeneration, posterior horn medial meniscus (hereinafter "right knee disability") is dismissed.

FINDING OF FACT

In a July 2021 VA Form 21-4138, the Veteran, through his authorized representative, stated that he wanted to withdraw his claim of an increased evaluation for a right knee disability.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal for the claim of an increased evaluation for a right knee disability 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 from April 1994 to July 1994, February 2003 to January 2004, and May 2007 to June 2008.  

The Veteran had a 10 percent evaluation for a right knee disability when he filed his claim for an increased evaluation in August 2014. Rating decisions in December 2014 and February 2015 continued a 10 percent evaluation. 

In the July 2016 appeal to the Board, the Veteran requested a live videoconference at a local VA office. 

A February 2018 rating decision granted a temporary 100 percent evaluation for convalescence, effective December 1, 2017, and a 10 percent evaluation, effective February 1, 2018.  

In March 2021, the Veteran was informed that a virtual tele-hearing had been reserved for him for July 7, 2021. 

In a July 2021 VA Form 21-4138, the Veteran's representative noted that the Veteran was offered a hearing for July 7, 2021, but stated that the Veteran wanted to withdraw his appeal for an increased evaluation of his right knee.  

As a preliminary matter, the Board notes that medical evidence, to include VA treatment records and a VA examination, were added to the Veteran's claims file after the November 2017 Supplemental Statement of the Case. While this evidence generally requires initial review by the agency of original jurisdiction, a substantive review of this evidence is not required in this case because the Veteran has elected to withdraw his appeal.  

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The Board may dismiss any appeal which fails to allege specific errors 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 veteran or his authorized representative. Id. In the present case, the withdrawal satisfies all regulatory requirements, and the Veteran, through his authorized representative, has withdrawn this appeal as it relates to the claim of an increased evaluation for a right knee disability. Id. As such, there are no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal for this claim, and it is dismissed.

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ormson, 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.