Citation Nr: 21068668
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 17-49 361
DATE: November 12, 2021

ORDER

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In February 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw his appeal regarding entitlement to a TDIU. 

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from January 1985 to October 1986.

The Board notes that in a January 2020 rating decision, the Veteran's service-connected posttraumatic stress disorder (PTSD) was increased from 70 percent to 100 percent disabling, effective February 20, 2019. Entitlement to Dependents' Educational Assistance (DEA) was also granted, effective that same date.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.205(b)(3). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.205(b)(1).

In the present case, in a February 2020 correspondence, the Veteran requested to withdraw his appeal concerning the issue of entitlement to a TDIU. Accordingly, the Board does not have jurisdiction to review the appeal with respect to the appeal and it is dismissed.

 

 

Emily Tamlyn

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.