Citation Nr: 21009573
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 14-20 497A
DATE: February 22, 2021

ORDER

The claim of entitlement to a total disability rating based on individual unemployability (TDIU) prior to June 20, 2014 is dismissed.

FINDING OF FACT

On January 16, 2021, prior the promulgation of a decision in the appeal, VA received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to TDIU prior to June 20, 2014 have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from February 1979 to April 1980.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, the appellant, in a January 16, 2021 statement, withdrew the appeal regarding entitlement to TDIU prior to June 20, 2014, hence, there remain no allegations of error of fact or law for appellate consideration with respect to this issue.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.