Citation Nr: 21011981
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 15-05 549
DATE: March 3, 2021

ORDER

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

FINDING OF FACT

In January 2021, prior to the issuance of a decision in this appeal, the Veteran withdrew his appeal for entitlement to a TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to a TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1990 to January 1994 and from June 1999 to April 2001.  This case comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of February 2014 issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri.

The Board previously remanded this issue for further development in a decision of September 2020, finding that entitlement to a TDIU had been reasonably raised by the evidence of record.  See September 2020 Board Decision at 5-7; see also id. at 18-20.  A supplemental statement of the case (SSOC) was issued in October 2020.

1. Withdrawal of the appeal for entitlement to a TDIU.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

The record reflects that the Veteran withdrew his appeal in January 2021.  See January 2021 Correspondence.  There remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to further review the claim for entitlement to a TDIU and the claim is dismissed.

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.