Citation Nr: 18160707
Decision Date: 12/28/18	Archive Date: 12/27/18

DOCKET NO. 16-27 849
DATE:	December 28, 2018
ORDER
The appeal seeking entitlement to an evaluation in excess of 10 percent for left total knee arthoplasty (previously rated as left knee degenerative joint disease with chondrocalcinosis, status post ACL repair) prior to June 21, 2017, and in excess of 30 percent from August 1, 2018 is dismissed.
The appeal seeking entitlement to an initial compensable evaluation for hearing loss prior to June 6, 2017, and in excess of 10 percent thereafter is dismissed.
FINDINGS OF FACT
1.  In November 2018, prior to the promulgation of a decision in the appeal of this matter, the Veteran submitted a written statement indicating that he wished to withdraw the pending appeal regarding his service-connected left total knee arthroplasty.
2.  In November 2018, prior to the promulgation of a decision in the appeal of this matter, the Veteran submitted a written statement indicating that he wished to withdraw the pending appeal regarding his service-connected hearing loss. 
CONCLUSIONS OF LAW
1.  The criteria for withdrawal of the appeal for entitlement to an evaluation in excess of 10 percent for left total knee arthoplasty (previously rated as left knee degenerative joint disease with chondrocalcinosis, status post ACL repair) prior to June 21, 2017, and in excess of 30 percent from August 1, 2018 have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 
2.  The criteria for withdrawal of the appeal for entitlement to an initial compensable evaluation for hearing loss prior to June 6, 2017, and in excess of 10 percent thereafter have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from November 1961 to November 1964.  These matters are on appeal from an October 2014 decision.  
In a September 2017 rating decision, a temporary 100 percent evaluation was assigned for the Veteran’s service-connected left knee from June 21, 2017 to July 31, 2018 based on left knee total replacement surgery.  As the maximum benefit allowable had been granted for that time period during which a temporary 100 percent evaluation was in effect, this period is not on appeal.
The Board notes that in January 2018, the Veteran submitted a notice of disagreement (NOD) with the decisions in a September 2017 rating decision regarding the reduction from 20 percent to 10 percent and the current rating assigned for left lower extremity sciatica.  Although the Board is cognizant of the decision in Manlincon v. West, 12 Vet. App. 238 (1999), the Board notes that in this case, unlike in Manlincon, the RO has acknowledged the NOD and is currently in the process of adjudicating the appeal.  Action by the Board at this time may serve to delay the RO’s action on that appeal.  As such, no action will be taken by the Board with respect to the issue at this time.  
Withdrawal of Appeals
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. §§ 20.202, 20.204(b). 
In November 2018, prior to the promulgation of a decision in the appeal of these matters, the Veteran submitted a written statement indicating that he wished to withdraw the appeals regarding his claims for increased ratings for hearing loss and left knee degenerative joint disease.
The Board finds that the Veteran has withdrawn the appeals in accordance with 38 C.F.R. § 20.204.  Consequently, there remains no allegation of error in fact or law.  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.  Accordingly, the Board does not have jurisdiction to review these appeals and they are dismissed.

 
M. SORISIO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Bonnie Yoon, Counsel 

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