Citation Nr: 19173167
Decision Date: 09/19/19	Archive Date: 09/19/19

DOCKET NO. 14-18 157
DATE: September 19, 2019

ORDER

Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is dismissed. 

FINDING OF FACT

In July 2019, prior to the promulgation of a decision in the appeals, the Board of Veterans’ Affairs (Board) received notification from the Veteran that a withdrawal of the appeal of the issue of entitlement to a TDIU is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran of the issue of entitlement to a TDIU are met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran was in active service from May 1968 to November 1970.

In a July 2019 rating decision, the agency of original jurisdiction (AOJ) granted service connection for a skin disorder characterized as tinea versicolor and dyshidrotic eczema and assigned a 30 percent evaluation for this disability, effective from September 3, 2010.  On that same date in July 2019, the AOJ issued a supplemental statement of the case (SSOC) pertaining to the issue of entitlement to a TDIU, the only claim remaining on appeal.  

In a written statement dated two weeks later in July 2019, the Veteran stated that, based on the decision rendered, he wished to withdraw from appellate review all remaining issue(s) on the SSOC.  

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, the Veteran has withdrawn his current appeal for a TDIU. Hence, there remain no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review this appeal, and it is dismissed.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Edward G. Lent, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.