Citation Nr: 20002965
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 17-04 278
DATE: January 14, 2020

ORDER

The appeal for entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.  

FINDING OF FACT

On October 25, 2019, prior to the promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received notification from the Veteran, through his authorized representative, which indicated that a withdrawal of the issue on appeal is requested.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.  

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active duty service with the United States Army from May 2004 to September 2004, and from August 2006 to July 2007.  

The Board notes that in his January 2017 substantive appeal, the Veteran requested a hearing.  Accordingly, the Veteran was scheduled for a Board hearing in November 2019.  In October 2019, the Veteran withdrew his request for a hearing.  

Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, by way of an October 2019 correspondence, the Veteran, through his representative, withdrew this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.