Citation Nr: 20021288
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 19-23 230
DATE: March 25, 2020

ORDER

Entitlement to a total disability rating based upon individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In a March 2020 written statement, the Veteran’s representative indicated that the Veteran wished to withdraw his appeal for TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to a total disability rating based upon individual unemployability (TDIU) by the appellant (or his or her 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 active military service from September 1999 to June 2005.

In a September 2019 decision, the Board of Veterans’ Appeals found that the issue of entitlement to TDIU had been raised by the record, as part of the Board’s review of the Veteran’s claim for an increased rating for a service-connected disability. Prior to the promulgation of a decision in this case, the Veteran’s representative submitted a statement in March 2020 that indicated the Veteran wished to withdraw their appeal for TDIU.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202.

The Veteran has withdrawn the only issue in this case. Therefore, a “case or controversy” involving a pending adverse determination that the Veteran has taken exception to does not currently exist with respect to the above-listed issue. See Shoen v. Brown, 6 Vet. App. 456, 457 (1994). Accordingly, the Board does not have jurisdiction to review the appeal, and the issue is dismissed.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.