Citation Nr: 22011608
Decision Date: 03/01/22	Archive Date: 03/01/22

DOCKET NO. 20-16 815
DATE: March 1, 2022

ORDER

The appeal seeking to restore a 10 percent rating for right knee instability status post-surgery, which was reduced to a 0 percent rating, effective March 1, 2018, is dismissed. 

FINDING OF FACT

On February 8, 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant requesting to withdraw the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 2003 to April 2007. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2017 Department of Veterans Affairs (VA) rating decision, which reduced the rating for the Veteran's right knee instability status-post surgery from 10 percent to 0 percent, effective March 1, 2018.

Entitlement to restoration of a 10 percent rating for right knee instability status post-surgery.

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.104. 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. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or an authorized representative, and must be in writing or on the record at a hearing. 38 C.F.R. § 19.55.

In February 2022, the Veteran submitted written correspondence in which he requested to withdraw his appeal for a restoration of the 10 percent rating for his right knee instability status post-surgery. Specifically, the Veteran included the docket number for his appeal and stated that he "wish[ed] to cancel [his] current appeal." The Board finds that this statement expressing the Veteran's intent to withdraw the claim is explicit and unambiguous. Hembree v. Wilkie, 33 Vet. App. 1, 2 (2020). 

Accordingly, there remains no allegation of error of fact or law for appellate consideration regarding this issue. Therefore, the Board does not have jurisdiction to further consider an appeal in the matter, and the appeal must be dismissed.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Chu, 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.