Citation Nr: 20021342
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 18-38 912
DATE: March 25, 2020

ORDER

The issue of a total disability rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU), having been withdrawn, is dismissed.

FINDING OF FACT

By a November 15, 2019 Statement in Support of Claim, the Veteran wrote to withdraw the appeal for a TDIU.  

CONCLUSION OF LAW

The criteria for withdrawal of the substantive appeal for a TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1989 to February 1990.  

Under 38 U.S.C. § 7105, the Board of Veterans Appeals (Board) may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed.  A substantive appeal may be withdrawn in writing or on record at a hearing at any time before the Board promulgates a decision.  Withdrawal may be made by a veteran or by his or her authorized representative.  38 C.F.R. § 20.204.  

Per a November 15, 2019 Statement in Support of Claim, the Veteran stated that he wished to withdraw the appeal for a TDIU, as the current total disability rating is satisfactory.  Because this notification was given prior to the promulgation of a Board decision, the issue was properly withdrawn.  Accordingly, there remains no allegations of fact or law for appellate consideration as to this issue.  The Board does not have jurisdiction to review the appeal further as to this issue, which will be dismissed.    

 

 

J. PARKER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.