Citation Nr: 21072845 Decision Date: 12/06/21 Archive Date: 12/06/21 DOCKET NO. 16-59 214 DATE: December 6, 2021 ORDER Entitlement to service connection for radiculopathy of the left lower extremity is dismissed. The appeal as to the issue of entitlement to a total disability rating based on individual unemployability (TDIU) has been withdrawn. FINDINGS OF FACT 1. In an April 2021 rating decision, issued prior to the promulgation of a decision in this appeal, the Regional Office (RO) granted entitlement to service connection for radiculopathy of the left lower extremity, which represents a full grant of the benefit sought in the appeal. 2. In November 2021 correspondence from the Veteran's representative, the Veteran withdrew her remaining appeal in its entirety, which would include the issue of entitlement to TDIU. CONCLUSIONS OF LAW 1. As the benefit sought on appeal has been granted in full, there remains no question of law or fact on appeal, and the appeal is dismissed as to the claim of entitlement to service connection for radiculopathy of the left lower extremity. 38 U.S.C. § 7105(d)(5). 2. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to TDIU by the Veteran and her authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service in from April 1985 to June 1985 and from September 1985 to July 2006. This case comes to the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which is the Agency of Original Jurisdiction (AOJ). The Veteran expressed timely disagreement with the AOJ's determination, and the present appeal ensued. In March 2020, the Veteran's claim for entitlement to service connection for radiculopathy of the left lower extremity was remanded to provide the Veteran with an adequate VA medical examination. Pursuant to the remand directives, the Veteran was provided an examination in April 2021. In April 2021, the AOJ issued a rating decision, granting the Veteran's claim in full. Accordingly, the Board finds that the Veteran's appeal as to these issues have been rendered moot because the benefit sought on appeal has been granted in full. There remains no question of law or fact for the Board to resolve on these issues, and the current appeal is dismissed. 38 U.S.C. § 7105(d)(5). However, in the April 2021 examination, the examiner documented the functional impact of the Veteran's left lower extremity radiculopathy on her ability to work. Therefore, as the issue of TDIU was raised by the record, the AOJ developed a claim for TDIU. Accordingly, while an included TDIU claim typically arises in association with increased rating claims, here, the issue of entitlement to TDIU was found by the AOJ to have been raised in connection with the Veteran's appeal seeking service connection for left lower extremity radiculopathy, and the former is therefore considered to be part and parcel of the latter. Rice v. Shinseki, 22 Vet. App. 447, 452 (2009). The title page has been amended to include this issue, which will be addressed below. Entitlement to a total disability rating based on individual unemployability (TDIU) Pursuant to 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. In this case, prior to the promulgation of a decision, the Veteran, through her representative, submitted a November 2021 statement requesting to withdraw her appeal in its entirety, which would include her claim for entitlement to TDIU. As the Veterans withdrawal was reduced to writing in the statement, pursuant to 38 C.F.R. § 20.204, the criteria have been met for withdrawal of the Veteran's appeal as to this remaining issue. With respect to this issue, there remain no allegations of errors of facts or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal with regard to this issue, the issue of entitlement to TDIU is dismissed. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. W. Morgan, 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.