Citation Nr: 21075245
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 16-25 247
DATE: December 17, 2021

ORDER

The appeal with respect to entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) prior to March 30, 2015 is dismissed.

FINDING OF FACT

In a written statement received in December 2021, prior to the promulgation of an appellate decision, the Veteran asked that the issue on appeal be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran or his authorized representative 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 Army from September 1964 to April 1969, to include service in Vietnam.  He had additional service in the United States Coast Guard Reserve.  His decorations include the Vietnam Service Medal and the Vietnam Campaign Medal.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Newark, New Jersey.

In August 2019, the Veteran and his spouse testified at a Board video-conference hearing before the undersigned Veterans Law Judge.  A transcript of that hearing has been associated with the record. 

In March 2021, the Board remanded the issue of the Veteran's entitlement to a TDIU for the period prior to September 23, 2020 for additional development.  In May 2021, after taking further action, the agency of original jurisdiction made the TDIU award effective from March 30, 2015.  The only issue remaining for the Board's consideration is entitlement to a TDIU prior to March 30, 2015.

Dismissal

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.

By correspondence received in December 2021, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal.  See also December 2021 VA Form 21-4138 (completed by the Veteran's authorized representative).  The correspondence included his name and his VA file number.  Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Ragheb, 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.