Citation Nr: 20037086 Decision Date: 06/01/20 Archive Date: 06/01/20 DOCKET NO. 14-09 819 DATE: June 1, 2020 ORDER The appeal is dismissed.   FINDING OF FACT In May 2020, prior to the promulgation of a Board decision, the Veteran withdrew the appeal of entitlement to a total disability rating based on individual unemployability (TDIU) from January 1, 2018. CONCLUSION OF LAW The criteria for withdrawal of the appeal of entitlement to a TDIU from January 1, 2018 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1971 to April 1972. The case is on appeal from an April 2009 rating decision. In July 2015, the Veteran testified at a Board hearing. In December 2017, the Board issued a decision that denied a rating in excess of 30 percent for PTSD. The Veteran appealed the Board’s December 2017 decision to the United States Court of Appeals for Veterans Claims (Court), which issued an order in July 2018 granting a July 2018 joint motion for remand (JMR). The Court’s order remanded the Board’s decision denying a rating in excess of 30 percent for PTSD for action consistent with the terms of the JMR. In August 2019, the Board issued a subsequent decision that granted a 70 percent rating for PTSD and granted entitlement to a TDIU from January 1, 2009 to December 31, 2016, denied entitlement to a TDIU from January 1, 2017 to December 31, 2017, and remanded entitlement to a TDIU from January 1, 2018 for additional development.   A TDIU from January 1, 2018. 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. An appeal may be withdrawn by the Veteran or representative at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. In May 2020, the Veteran submitted a statement. In doing so, the Veteran stated that he “agree[d] to withdraw the issue of entitlement to a total disability rating based on individual unemployability (TDIU) from January 1, 2018.” He also stated that he “undertand[s] that this will end the appeal of this issue before [] VA.” The Veteran’s attorney representative reiterated this withdrawal. The Board finds that the Veteran’s withdrawal of the issue on appeal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.” DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018). The withdrawal of the appeal was an express statement in writing made by the Veteran that he no longer intends to pursue the claim on appeal, and understands the outcome of the decision. Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Gray, 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.