Citation Nr: 21062646
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 19-18 785A
DATE: October 8, 2021

ORDER

As the claim for entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities has been withdrawn, the appeal as to this issue is dismissed.

FINDING OF FACT

In February 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's attorney that the Veteran wished to withdraw his pending appeal for the issue of entitlement to a TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the issue of entitlement to a TDIU 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 September 2011 to January 2015.

This case is before the Board of Veterans' Appeals (Board) on appeal from a February 2019 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  In that rating decision, the RO denied entitlement to a TDIU.

The RO issued a statement of the case in May 2019.  The Veteran's VA Form 9, substantive appeal to the Board, was received in July 2019.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran's attorney submitted a written statement in February 2021 stating that the Veteran wished to withdraw the pending appeal before the Board, which consists of the issue of entitlement to a TDIU.  Therefore, the Veteran has withdrawn this appeal and there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.