Citation Nr: 21002730
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 12-10 986
DATE: January 14, 2021

ORDER

Entitlement to a total disability rating based on individual employability (TDIU) as a result of service-connected disabilities prior to September 20, 2017, is dismissed.

FINDING OF FACT

The Veteran withdrew his claim for a TDIU prior to September 20, 2017, in a communication received by the Board in August 2020. 

CONCLUSION OF LAW

The criteria for withdrawal of the claim for TDIU, prior to September 20, 2017, by the Veteran’s authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Id. 

In the present case, the Veteran, through an authorized VA fiduciary, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. In August 2020, the Board received a notification from this person indicating the Veteran’s name, the applicable VA file number, and a statement that the appeal is withdrawn. 38 C.F.R. §§ 19.55(b)(1); see also August 2020 statement in support of claim. The notification was signed by the Veteran’s fiduciary for VA purposes. See June 2020 and March 2017 certificates of legal capacity to receive and disburse benefits; June 2016 incompetency notice response. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.