Citation Nr: A21017066
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 190528-21073
DATE: October 21, 2021

ORDER

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

FINDING OF FACT

In an October 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran's representative withdrew the appeal for the issue of entitlement to TDIU.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1969 to February 1970 and from June 1973 to August 1992.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a May 2019 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran timely appealed that decision to the Board that same month and requested a hearing with a Veterans Law Judge.  

Law and Analysis

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

In an October 2021 written statement, the Veteran's representative indicated that she wanted to withdraw her appeal for the issue of entitlement tot TDIU, in addition to two service connection issues that are pending in a Legacy appeal stream and will be addressed in a separate decision.  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 for entitlement to TDIU, and it is dismissed.  

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.