Citation Nr: 21000854
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 15-46 444
DATE: January 6, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On August 19, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his attorney, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board notes that after the May 2019 Board remand, the Agency of Original Jurisdiction, in a June 2020 rating decision, granted TDIU effective the date of the Veteran’s claim.  That award constitutes a full grant of the benefit sought, and the issue is no longer before the Board.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55 (legacy).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55 (legacy).  In the present case, the Veteran, through his attorney, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

L. CHU

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.