Citation Nr: 21062845
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 17-31 386
DATE: October 12, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In an August 2021 correspondence, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that she desired to withdraw her appeal.

CONCLUSION OF LAW

The criteria for dismissal of the issue of entitlement to a total disability rating based on individual unemployability (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 in the United States Air Force from February 1985 to February 2005.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the veteran or by his or her authorized representative. 38 C.F.R. § 20.204 (a).  The withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing.  38 C.F.R. § 20.204 (b).

In a signed and dated August 2021 statement in support of claim, the Veteran indicated that she wished to withdraw her pending appeal for entitlement to a TDIU.  Accordingly, the Board does not have jurisdiction to review these aspects of the Veteran's appeal, and the issue must be dismissed.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.