Citation Nr: 21003425 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 17-18 165 DATE: January 21, 2021 ORDER Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed. FINDING OF FACT In a May 2020 written statement, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal for entitlement to a TDIU rating is requested. CONCLUSION OF LAW The criteria for withdrawal of entitlement to a TDIU rating by the Veteran 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 June 1964 to June 1984. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision. The above issue was remanded by the Board in October 2016 for further development. In September 2019, the Veteran and his spouse testified before the undersigned Veterans Law Judge (VLJ) at a hearing. A transcript of that hearing is of record. Entitlement to a TDIU rating due to service-connected disabilities is dismissed. VA regulations provide for the withdrawal of an appeal to the Board by the submission of a written request at any time before the Board issues a final decision on the merits. See 38 C.F.R. § 19.55. After an appeal is transferred to the Board, an appeal withdrawal is effective the date it is received by the Board. Id. Appeal withdrawals must be in writing and must include the name of the Veteran, the Veteran’s claim number, and a statement that the appeal is withdrawn. Id. The May 2020 notification containing the Veteran’s request to withdraw his appeal for entitlement to a TDIU rating was in writing and it contains his name and claim number. The Board has not yet issued a decision concerning the issue on appeal; thus, the criteria are met for withdrawal of the claim. Additionally, August 2020 correspondence from the Veteran’s representative indicated that in a telephone conversation, the Veteran indicated that he requested to withdraw any and all pending claims. When pending appeals are withdrawn, there are no longer allegations of factual or legal error with respect to the issues that had been previously appealed. In such an instance, dismissal of the pending claim is appropriate. See 38 U.S.C. § 7105(d). Accordingly, further action by the Board on this issue is not appropriate and it is dismissed. Id. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sean Mussey, 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.