Citation Nr: 22015378
Decision Date: 03/17/22	Archive Date: 03/17/22

DOCKET NO. 12-04 898
DATE: March 17, 2022

ORDER

Entitlement to increased ratings (instability, patellar spurs, and total knee replacement) for a right knee disability are withdrawn and dismissed. 

FINDING OF FACT

On February 9, 2022, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran, through his authorized attorney representative, that a withdrawal of claims for increased ratings (instability, patellar spurs, and total knee replacement) for a right knee disability is requested. 

CONCLUSION OF LAW

The criteria for withdrawal of the claims for increased ratings (instability, patellar spurs, and total knee replacement) for a right knee disability, by the Veteran through his representative are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from August 1965 to August 1967. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

In October 2020, the parties agreed to a Joint Motion for Partial Remand (JMR) and the claims for increased ratings for right knee disabilities were vacated and remanded by the U.S. Court of Veteran's Claims (Court). 

The matters of an increased rating for a back disability with foot drop and TDIU will be addressed in a separate Board decision. 

Withdrawal

Entitlement to increased ratings (instability, patellar spurs, and total knee replacement) for a right knee disability.

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 An appeal may be withdrawn in writing as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55(a). Withdrawal may be made by the appellant or by his or her authorized representative. Id. In a February  2022 written statement, the Veteran, through his attorney representative, stated that he desired to formally withdraw his appeal for his claims for increased ratings (instability, patellar spurs, and total knee replacement) for a right knee disability. See Hembree v. Wilkie, 33 Vet. App. 1, 6-7 (2020) (holding that, unlike an oral withdraw at a hearing, a written withdrawal request does not require full understanding of the consequences of such action on the part of the claimant but needs to comply with the applicable regulation).

 

In the present case, the Veteran has withdrawn his appeal for the claims for increased ratings (instability, patellar spurs, and total knee replacement) for a right knee disability as the written correspondence include the Veteran's name, file number, and listed the specific issues per 38 C.F.R. § 19.55(b). Hence, there remain no allegations of errors of fact or law for appellate consideration as to that matter. Accordingly, the Board does not have jurisdiction to review the above issues, and they are dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Morales, 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.