Citation Nr: 21070088
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 14-25 433A
DATE: November 23, 2021

ORDER

Entitlement to a total disability evaluation based upon individual unemployability, due to service-connected disabilities (TDIU), is dismissed.

FINDING OF FACT

By submission of an October 13, 2021 electronic transmission to a VA administrative representative at the Agency of Original Jurisdiction (AOJ), the Veteran unequivocally withdrew his appeal of entitlement to TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal seeking entitlement to TDIU have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from December 1983 to December 1986 and from March 1987 to March 1988.

Withdrawal

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 (d)(5).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205 (a)(b)(c).  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.205 (a).

By submission of the October 13, 2021 electronic transmission (e-mail), the Veteran withdrew all remaining issues associated with the current appeal, as contained most recently in a February 2020 Supplemental Statement of the Case.

The Board finds that this withdrawal satisfies the criteria under 38 C.F.R. § 20.205 and therefore there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal seeking entitlement to TDIU and the appeal of that claim is dismissed.

 

 

EMILY TAMLYN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.