Citation Nr: 21008879
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 15-32 052
DATE: February 18, 2021

ORDER

The appeal for entitlement to a rating of total disability based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

On November 18, 2020, prior to the promulgation of a decision in the appeal, the Board received signed, written notification from the Veteran’s representative, on the Veteran’s behalf, requesting to dismiss the appeal for entitlement to a TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to a rating of total disability based on individual unemployability (TDIU) by Veteran’s authorized representative 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

During the pendency of this appeal, in a March 2020 rating decision, the Veteran was awarded a rating of 100 percent, permanent and total, related to a separate claim.  In a November 2020 written brief, the Veteran’s representative stated that, in light of the March 2020 rating decision, the Veteran wished for the Board to dismiss the appeal for entitlement to a TDIU.  Accordingly, as the Veteran, through her representative, has expressly stated a desire not to go forward with this appeal, there remain no allegations of errors of fact or law for appellate consideration.  The Board does not have jurisdiction to review the appeal and it is dismissed.  

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.