Citation Nr: 21076411
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 20-00 487
DATE: December 23, 2021

ORDER

Entitlement to a total disability rating for compensation based upon individual unemployability (TDIU) prior to January 4, 2019 is dismissed.

FINDING OF FACT

In December 2021, before the promulgation of a decision in the appeal, VA contacted the Veteran to confirm a previously scheduled hearing before the Board of Veterans' Appeals (Board), and the Veteran stated that "he no longer desires a hearing as he is satisfied with [his] current status."

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to a TDIU prior to January 4, 2019 have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

In December 2021, before the promulgation of a decision in the appeal, VA contacted the Veteran to confirm a previously scheduled hearing before the Board of Veterans' Appeals (Board), and the Veteran stated that "he no longer desires a hearing as he is satisfied with [his] current status."  While the Veteran did not use specific words such as "withdraw" or "dismiss," the Board finds that the record documents that his TDIU claim was granted in full within an August 2020 rating decision, effective January 4, 2019, and therefore, his indication that he is "satisfied with [his] current status" constitutes a sufficient and valid withdrawal of the TDIU claim on appeal.  For example, within the submitted VA Form 21-8940, Veteran's Application for Increased Compensation Based On Unemployability, he documented that he last worked full time and became too disabled to work on January 4, 2019.  He also documented that he had made $70,000 in 2018, which shows substantially gainful employment throughout 2018. These are the facts upon which the Board finds that the Veteran's claim has been granted in full.  As such, the Board finds the Veteran has withdrawn his appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the matter listed in the Order, and it is dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Chad Johnson, 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.