Citation Nr: 21062328
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 16-33 035
DATE: October 7, 2021

ORDER

The appeal for entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.  

FINDING OF FACT

In June 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received a Statement in Support of Claim (VA Form 21-4138), in which the Veteran withdrew the issue on 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

Preliminary Matters

The Veteran had honorable active duty service with the United States Navy from June 1990 to June 1994 and from February 1995 to February 2011.  

The Board notes that in his June 2016 substantive appeal (VA Form 9), the Veteran requested a hearing.  Accordingly, the Veteran was scheduled for a Board hearing in March 2019.  In March 2019, the Veteran withdrew his request for a hearing.  

DISMISSAL

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  Id.  A withdrawal becomes effective when it is received by the Board.  Id.  

In the present case, by way of a June 2021 VA Form 21-4138, the Veteran withdrew this appeal.  

Approximately three months after the Veteran withdrew his appeal, his representative filed an informal hearing presentation (IHP) with the Board.          38 C.F.R. § 19.55(b)(3).  The Board is under no obligation to further adjudicate an appeal that has been withdrawn.  Hanson v. Brown, 9 Vet. App. 29, 32 (1996) ("When claims are withdrawn, they cease to exist.").  Withdrawal of an appeal also operates as a withdrawal of the notice of disagreement (NOD).  38 C.F.R. § 19.55(c).  VA regulations permit claimants to renew appeals that they previously withdrew by filing a new NOD as long as the new NOD would have been timely (filed within one year of the applicable rating decision) had the withdrawn appeal never been withdrawn.  Id.  VA regulations do not provide a mechanism for renewing an appeal by filing an IHP directly to the Board.  As the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Thus, the Board does not have jurisdiction to review the appeal, and it is dismissed.  

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. MacDonald, 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.