Citation Nr: 21077060
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 17-19 833
DATE: December 28, 2021

ORDER

The appeal of the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) prior to January 24, 2019 is dismissed.

FINDING OF FACT

In November 2021 correspondence, the Veteran wrote that he desired to withdraw the pending appeal on the issue of entitlement a TDIU prior to January 24, 2019.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal on the issue of entitlement to a TDIU prior to January 24, 2019 by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably on active duty in the U.S. Air Force from April 1998 to May 2001 and from October 2011 to September 2012, with additional National Guard and Reserve service. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

This matter was previously remanded by the Board in January 2019 and September 2021 and has been returned for further appellate review. 

1. Entitlement to a TDIU prior to January 24, 2019 is withdrawn.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Id. A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn  

In response to the most recent Supplemental Statement of the Case issued for the issue of entitlement to a TDIU prior to January 24, 2019, the Veteran submitted an Appeals Satisfaction Notice in November 2021, stating: "I am satisfied and wish to withdraw all remaining issues associated with this appeal." The written withdrawal included the Veteran's name and the VA file number. 

(Continued on the next page)

 

The Veteran's representative then submitted an appellate brief in December 2021 along with argument as to why the claim should be granted, however that brief did not discuss or otherwise address the Veteran's November 2021 request to withdraw. The appellate brief largely contains boilerplate and reflects that the Veteran's representative was unaware of the Veteran's withdrawal request. As such, the Board finds that the brief does not override the Veteran's own explicit withdrawal request. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Smith, 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.