Citation Nr: 21061806
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 17-30 152
DATE: October 5, 2021

ORDER

The appeal for the issue of entitlement to a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU) prior to February 4, 2018, is dismissed.

FINDING OF FACT

In March 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wanted to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal 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 in the United States Army from January 2007 to October 2008.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board remanded the case in September 2019 for further development.  The case has since been returned to the Board for appellate review.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 38 C.F.R. § 19.55. 

In a January 2020 report of contact, it was noted that the Veteran wanted to cancel a VA examination and withdraw his February 2016 notice of disagreement (NOD) related to his TDIU claim.  Nevertheless, in October 2020, the agency of original jurisdiction (AOJ) issued a supplemental statement of the case (SSOC) for the issue of TDIU prior to February 4, 2018.  However, prior to the promulgation of a decision in the appeal, the Board received a written statement from the Veteran in March 2021 again indicating that wanted to withdraw his appeal for TDIU.  The Veteran has withdrawn this appeal, and hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.M. Walker

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.