Citation Nr: 20022470
Decision Date: 04/01/20	Archive Date: 04/01/20

DOCKET NO. 19-35 589
DATE: April 1, 2020

ORDER

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

FINDING OF FACT

The Veteran withdrew his appeal for entitlement to a TDIU in a January 2020 written submission, prior to the promulgation of a decision in the appeal.

CONCLUSION OF LAW

The criteria for dismissal of the appeal of entitlement to a TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.204, 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from August 1975 to December 1975 and from March 1978 to March 1979.

1. Entitlement to a TDIU is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  A written notice of withdrawal is required, except when appeals are withdrawn on the record at a hearing.  38 C.F.R. § 20.204(b)(1).

In a January 2020 written submission, the Veteran’s authorized representative explicitly indicated that the Veteran wished to withdraw and dismiss from appellate review his pending claim regarding entitlement to a TDIU.  See January 2020 Correspondence from the Veteran’s Attorney (reflecting the “request to withdraw the following claims pending at the BVA: Entitlement to Individual Unemployability”).  As a result, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal as to this issue and it is dismissed.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.