Citation Nr: 20032071
Decision Date: 05/07/20	Archive Date: 05/07/20

DOCKET NO. 11-32 311
DATE: May 7, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

In April 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal, which was confirmed by his representative.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1969 to September 1970.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in August 2010 by a Department of Veterans Affairs (VA) Regional Office.  In February 2016, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the record.  At such time, the Veteran raised the issue of entitlement to a TDIU and, in May 2016, the Board remanded the issue to the Agency of Original Jurisdiction for development and adjudication.  Thereafter, the Board denied the Veteran’s claim for a TDIU in an August 2018 decision, and the Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court).  Pursuant to a June 2019 Joint Motion for Remand, the Court vacated the August 2018 Board decision and remanded the issue to the Board.

Entitlement to a TDIU.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  Id.  In the present case, the Veteran withdrew his appeal for a TDIU in April 2020, which was confirmed by his representative.  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.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.