Citation Nr: A21020029
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 200117-64097
DATE: December 15, 2021

ORDER

The appeal regarding the issue of entitlement to a total disability evaluation based on individual unemployability (TDIU) is dismissed as withdrawn.

FINDING OF FACT

In a February 28, 2020 telephone conversation, prior to the promulgation of a decision, the Veteran requested withdrawal of the issue of entitlement to a total disability evaluation based on individual unemployability (TDIU).

CONCLUSION OF LAW

The criteria for withdrawal of an appeal regarding the issue of entitlement to a total disability evaluation based on individual unemployability (TDIU) by the appellant are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Marine Corps from April 1965 to March 1969.

The Veteran's case is advanced on the docket. 38 U.S.C. § 7107 (a)(2); 38 C.F.R. § 20.900 (c).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  

In a February 2020 telephone conversation, the Veteran stated that he wishes to withdraw his TDIU appeal because he is in receipt of a 100 percent rating. See February 2020 VA 21-0820 Report of General Information. In a February 2020 follow-up letter, the Veteran was informed that action on his TDIU claim has been discontinued based on his request in the February 2020 telephone conversation; and that the Veteran must notify the VA within 30 days of the letter if he did not intend to withdraw his TDIU claim. See February 2020 Correspondence. The Veteran did not respond, and his non-response is being construed as intent to withdraw his TDIU claim. In indicating satisfaction with his current disability rating, the Board finds the Veteran's statement to be clear that he no longer wishes to pursue his appeal for TDIU. Accordingly, there remains no allegation of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the Veteran's appeal, and it is dismissed. 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. M. Rogers, 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.