Citation Nr: 18148618
Decision Date: 11/08/18	Archive Date: 11/07/18

DOCKET NO. 15-26 654
DATE:	November 8, 2018
ORDER
The appeal seeking a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.
FINDINGS OF FACT
1.  The Veteran served on active duty in the United States Army from May 1992 to January 1994.
2.  In September 2018, prior to the promulgation of a decision with respect to this appeal, the Veteran withdrew his claim seeking entitlement to a TDIU.
CONCLUSION OF LAW
The criteria for the withdrawal of the issue of entitlement to a TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran did not report for a scheduled videoconference hearing in October 2018.  In a written statement received by VA that same month, he withdrew his hearing request.  Thus, the hearing request is considered withdrawn.  See 38 C.F.R. § 20.704(d).
Withdrawal
The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary.  38 U.S.C. § 7104.  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An appeal may be withdrawn by the appellant or by his or her authorized representative, in writing or on the record at a hearing, at any time before the Board promulgates a decision in the matter.  38 C.F.R. § 20.204.  A withdrawal of an appeal is effective when received.  38 C.F.R. § 20.204(b)(3).
In a September 2018 written statement, the Veteran requested to withdraw the pending TDIU appeal.  No adjudicatory actions have been taken since that time.  Moreover, this withdrawal was requested prior to the promulgation of a Board decision on this matter, such that there are no allegations of error of fact or law remaining for appellate consideration.  Thus, the Board does not have jurisdiction to further consider this appeal and it is hereby dismissed.
 
Evan Deichert
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Kovarovic, Associate Counsel