Citation Nr: 21011956
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 20-10 830
DATE: March 3, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, in November 2020, that a withdrawal of appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran was a member of the Army National Guard/Reserves between 1979 and 1999, with various periods of active and inactive duty, including an initial period of active duty for training from March 1979 to June 1979.

Initially, the Board notes that during the pendency of the appeal period, the Veteran was granted entitlement to a total disability rating due to individual unemployment (TDIU), effective August 21, 2012, pursuant to a January 2020 rating decision, which was a total grant of benefits sought on appeal.  Also, a Statement of the Case was sent on February 18, 2021, and this dismissal does not affect the Veteran’s right to appeal any of those issues. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55. In this case, the Veteran submitted a statement in support of claim in November 2020, requesting withdrawal of increased rating claim for migraine headaches and service connection claim for bipolar disorder, and hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review these issues and they are dismissed.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Lee

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.