Citation Nr: A21019114
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 190325-88351
DATE: December 1, 2021

ORDER

The appeal concerning entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed.

FINDING OF FACT

On September 3, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the appellant through his authorized representative, that a withdrawal of appeal concerning entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal concerning entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities by the appellant's authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In the present case, the appellant through his authorized representative filed a correspondence on September 3, 2021, stating that the Veteran wants to withdraw all issues currently on appeal because he is satisfied with his current disability rating. The Board notes that the only issue on appeal is entitlement to TDIU, which has been withdrawn. Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal. Therefore, the appeal concerning entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.