Citation Nr: 22007331
Decision Date: 02/09/22	Archive Date: 02/09/22

DOCKET NO. 16-27 163
DATE: February 9, 2022

ORDER

Entitlement to a rating higher than 30 percent for residuals of a right total knee replacement is dismissed.

Entitlement to a compensable rating for right knee instability prior to November 28, 2014 and greater than 10 percent from November 28, 2014 to July 2, 2019 is dismissed.

Entitlement to a rating higher than 10 percent for right knee degenerative joint disease prior to July 3, 2019 is dismissed.

Enter issue a compensable rating for right knee limited extension prior to July 3, 2019 is dismissed.

Entitlement to a total disability rating based upon individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In a December 2021 Appeals Satisfaction Notice, the Veteran expressed satisfaction with his entire appeal following receipt of November 2021 rating decision and November 2021 supplemental statement of the case (SSOC); he thus requested to withdraw all remaining issues on his appeal.

CONCLUSIONS OF LAW

1.  The criteria for withdrawal of a rating higher than 30 percent for residuals of a right total knee replacement have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2.  The criteria for withdrawal of a compensable rating for right knee instability prior to November 28, 2014 and greater than 10 percent from November 28, 2014 to July 2, 2019 have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3.  The criteria for withdrawal of a rating higher than 10 percent for right knee degenerative joint disease prior to July 3, 2019 have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4.  The criteria for withdrawal of a compensable rating for right knee limited extension prior to July 3, 2019 have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5.  The criteria for withdrawal of TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from December 1965 to December 1967.

These matters are before the Board of Veterans' Appeals (Board) on appeal of a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

These matters were remanded several times, and most recently in July 2021 for further development.

1. Entitlement to a rating higher than 30 percent for residuals of a right total knee replacement

2. Entitlement to a compensable rating for right knee instability prior to November 28, 2014 and greater than 10 percent from November 28, 2014 to July 2, 2019

3. Entitlement to a rating higher than 10 percent for right knee degenerative joint disease prior to July 3, 2019

4. Enter issue a compensable rating for right knee limited extension prior to July 3, 2019

5. Entitlement to a TDIU

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.  Except for appeals withdrawn on the record at the time of a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.205.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Id. Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In a December 2021 Appeals Satisfaction Notice, the Veteran stated that he received the recent correspondence regarding the decision to grant one or more of his issues on appeal.  He indicated that based on the decision rendered he is satisfied and wish to withdraw all remaining issues associated with the appeal.  Significantly, the Veteran specifically expressed his desire to withdraw all the remaining issues contained in the recently received SSOC.  See December 2021 Correspondence (Appeals Satisfaction Notice).

Accordingly, the Board finds that the Veteran has knowingly withdrawn the issues remaining on appeal.  The Board, therefore, no longer has jurisdiction to review such issues.  There remains no allegation of errors of fact or law for appellate consideration.  Accordingly, the appeal is dismissed.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. McPhaull, 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.