Citation Nr: 20043743
Decision Date: 06/29/20	Archive Date: 06/29/20

DOCKET NO. 07-01 697
DATE: June 29, 2020

ORDER

Entitlement to total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to and since March 28, 2017 is dismissed.

FINDING OF FACT

In an October 2019 Statement in Support of Claim, “VA Form 21-4138” the Veteran expressed that he wished to withdraw from all present and future appeals.

CONCLUSION OF LAW

The criteria for withdrawal of TDIU due to service-connected disabilities prior to and since March 28, 2017 have been met, and the appeal is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from October 1986 to October 1990.

Under 38 U.S.C. § 7105, the Board of Veterans’ Appeal (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  A substantive appeal may be withdrawn in writing or on record at a hearing at any time before the Board promulgates a decision.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 authorized representative.  38 C.F.R. § 20.205.

In an October 2019 Statement in Support of Claim, VA Form 21-4138, the Veteran expressed that he wished “to withdraw from all present and future appeals due to already getting what I sought out to get.”  As this withdrawal occurred prior to the promulgation of a Board decision, the issue was properly withdrawn.  Accordingly, there remain no allegations of fact or law for appellate consideration as to the issue.  The Board does not have jurisdiction to review the appeal further as to this issue, which is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.