Citation Nr: 22018285 Decision Date: 03/28/22 Archive Date: 03/28/22 DOCKET NO. 16-08 802 DATE: March 28, 2022 ORDER The issue of whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a back disability is dismissed. The issue of whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a right shoulder disability is dismissed. The issue of whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a left knee disability is dismissed. Entitlement to a rating in excess of 10 percent for service-connected degenerative joint disease of the right knee ("right knee disability") based on limitation of motion is dismissed. Entitlement to a rating in excess of 20 percent for service-connected right knee disability based on instability is dismissed. FINDINGS OF FACT 1. In March 2022, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his petition to reopen his claim for entitlement to service connection for a back disability. 2. In March 2022, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his petition to reopen his claim for entitlement to service connection for a right shoulder disability. 3. In March 2022, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his petition to reopen his claim for entitlement to service connection for a left knee disability. 4. In March 2022, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to an increased rating for his service-connected right knee disability based on limitation of motion. 5. In March 2022, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to an increased rating for his service-connected right knee disability based on instability. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal by the Veteran as to the petition to reopen his claim for entitlement to service connection for a low back disability have been met. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of an appeal by the Veteran as to the petition to reopen his claim for entitlement to service connection for a right shoulder disability have been met. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of an appeal by the Veteran as to the petition to reopen his claim for entitlement to service connection for a left knee disability have been met. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to an increased rating for service-connected right knee disability based on limitation of motion have been met. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to an increased rating for service-connected right knee disability based on instability have been met. 38 U.S.C. §§ 7105, 7108; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from November 1987 to November 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran was scheduled for a hearing in March 2022. Prior to his hearing, he indicated that he would not attend the hearing. See March 2022 VA 27-0820 Report of General Information. On the day of the hearing, he failed to appear before the Board. See March 2022 VA 27-0820 Report of General Information. As such, the Board finds that the Veteran's request for a Board hearing is deemed withdrawn. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or his authorized representative. In this case, in November 2018, he submitted a statement stating that he would like to withdraw his appeal for the issues before the Board. See November 2018 VA 21-4138 Statement in Support of Claim. However, the statement was not signed. Subsequently, about a week later, his representative wrote that the Veteran missed his November 2018 hearing as he was not aware of his hearing date and because she expected him to withdraw his appeal. See November 2018 VA 21-4138 Statement in Support of Claim. In August 2020, a letter was sent to the Veteran to confirm whether he wished to withdraw his appeal before the Board. See August 2020 BVA General. No response was received. In March 2022, he was given details of his March 2022 appeal hearing and he responded, "to just forget it and he's going to drop it." See March 2022 VA 27-0820 Report of General Information. He again expressed his wish to no longer proceed with the appeal. As the Veteran was represented when he submitted his original November 2018 withdrawal, the Board finds that he understands that withdrawing from this appeal means that the Board no longer has jurisdiction and the decision is final and that if he wants to pursue this matter in the future, he will need to file a new claim. As the Veteran consistently stated in three different occasions that he no longer wanted to pursue his appeal, the Board finds that the Veteran has withdrawn his right to appeal. Accordingly, the Board no longer has appellate jurisdiction over the issues and can take no further action. Christopher Seppanen Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P. Noh, 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.