Citation Nr: 21012874
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 14-20 183
DATE: March 5, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On December 16, 2020, prior to the Board’s promulgation of a decision in this appeal, the Veteran’s authorized representative submitted on the Veteran’s behalf his written request to withdraw this appeal.

CONCLUSION OF LAW

The criteria for dismissal based on the proper withdrawal of an appeal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran honorably served on active duty from May 2010 to December 2011. In an August 2020 rating decision, the Board found that a total disability rating due to individual unemployability (TDIU) was raised by the record pursuant to holding in Rice v. Shinseki, 22 Vet. App. 447 (2009), and then remanded the claim for further development. In September 2020, the Regional Office (RO) issued a supplemental statement of the case (SSOC) and then returned the appeal to the Board. 

On December 16, 2020, the Board received a written statement from the Veteran’s authorized representative that, upon confirming with the Veteran today, December 16, 2020, the Veteran respectfully withdraws his appeal for a TDIU rating. 

An appeal may be withdrawn by the Veteran’s authorized representative at any time before the Board renders its decision. See 38 C.F.R. § 19.55(a). Accordingly, the Veteran’s withdrawal request is granted. 

By implication, no allegation of error of fact or of law remains for the Board to decide. In these circumstances, the Board no longer has jurisdiction to decide the appeal which must be dismissed and thus is dismissed. See 38 U.S.C. §§ 7104, 7105(d). 

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.