Citation Nr: 21001731
Decision Date: 01/11/21	Archive Date: 01/11/21

DOCKET NO. 20-27 229
DATE: January 11, 2021

ORDER

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

There is no case or controversy within the Board of Veterans’ Appeals (Board) jurisdiction regarding the issue of entitlement to a TDIU rating, as the claim on appeal has been withdrawn.

CONCLUSION OF LAW

The criteria for dismissal of the appeal for a TDIU rating have been met. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 3.151, 3.155, 20.205, 20.1100.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 2003 to May 2004. In an October 2020 statement, the Veteran wrote that he did not wish to proceed with the current appeal.

The Board may dismiss any appeal that 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. As the Veteran has indicated a desire to withdraw the issues currently on appeal, the request for a Board hearing is also withdrawn.

In an October 2020 written statement, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement indicating that he was not interested in pursuing any VA claims which were currently pending. As such, the issue of entitlement to a TDIU rating is withdrawn, and there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the appeal is dismissed.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans’ Appeals

Department of Veterans Affairs	A. Caruso, Attorney for the Board

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.