Citation Nr: 21005579 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 11-15 004A DATE: February 2, 2021 ORDER The appeal is dismissed. FINDING OF FACT On January 29, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the appellant through his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the United States Marine Corps from September 1966 to July 1969. These matters come before the Board of Veterans’ Appeals (Board) on appeal from July 2010, April 2011, September 2011, and April 2014 decisions by the Department of Veterans Affairs (VA) Regional Offices (RO) in Saint Paul, Minnesota and Waco, Texas (jurisdiction is currently with the RO in Waco, Texas). The Veteran filed timely notices of disagreement (NODs) in August 2010, December 2010, April 2011, October 2011, November 2011, and May 2014. Statements of the case (SOCs) were issued in June 2011, August 2014, and October 2014. The Veteran perfected timely substantive appeals in June 2011, October 2014, and December 2014. A supplemental SOC was issued on the matter of countable income in April 2015. The Veteran initially requested a hearing before the Board in conjunction with his substantive appeals. However, in August 2017, the Veteran’s representative submitted a written request to withdraw the request for a Board hearing. The August 2017 correspondence also indicated the Veteran’s desire to withdraw the appeal on the issue of countable income. In an October 2017 decision, the Board granted an earlier effective date of May 24, 2005 for service-connected PTSD and restored a 50 percent rating for the period beginning December 1, 2011. A rating of 70 percent for service-connected PTSD was granted for the period of March 15, 2010 to July 7, 2014. A rating of 100 percent for service-connected PTSD was granted effective July 8, 2014. An effective date prior to March 15, 2010, for the grant of a non-service-connected pension was denied, and the appeal as to whether VA was correct to reduce benefits from October 1, 2011 based on countable income was dismissed. The issues of an initial rating for service-connected PTSD for the period of May 24, 2005 to March 14, 2010 and entitlement to a total disability rating due to individual unemployability (TDIU) were remanded for further development. A December 2020 rating decision granted entitlement to a TDIU effective March 15, 2010. A December 2020 supplemental SOC was issued notifying the Veteran of an initial 50 percent evaluation for service-connected PTSD for the period of May 24, 2005 to March 14, 2010 and denial of a TDIU prior to March 15, 2010. On January 29, 2021, the Veteran’s representative submitted a letter stating that the Veteran was satisfied with his rating for service-connected PTSD and the effective date for a TDIU. The letter stated that the Veteran wished to withdraw his claims for an increased rating for service-connected PTSD and an earlier effective date for a TDIU. Withdrawal of Appeal 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 the present case, the Veteran, through his/her authorized representative, has withdrawn this 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 appeal and it is dismissed. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jamison, Elizabeth G. 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.