Citation Nr: 21015618
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 14-32 296A
DATE: March 17, 2021

ORDER

The appeal regarding entitlement to a total disability rating due to individual unemployability (TDIU) prior to February 26, 2020 is dismissed.

FINDING OF FACT

On August 26, 2020, prior to the promulgation of a decision in the appeal, the Board received a signed form from the Veteran requesting withdrawal of his pending appeal for entitlement to a TDIU prior to February 26, 2020.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding entitlement to a TDIU prior to February 26, 2020 are 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 in the United States Navy from March 1967 to December 1970.  

This matter comes before the Board of Veterans’ Appeals (Board) from a February 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In June 2018, the Veteran testified before the undersigned Veterans Law Judge at a Board hearing. The Board remanded this matter for further development in August 2018.

The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105.  

Here, in an August 2020 written and signed Appeals Satisfaction Notice, the Veteran specifically withdrew the appeal as to the issue identified in the most recent Supplemental Statement of the Case (SSOC). See August 2020 Appeals Satisfaction Notice; Hembree v. Wilkie, 33 Vet. App. 1 (2020). By signing the August 2020 Appeals Satisfaction Notice, the Veteran acknowledged that he wished to “withdraw all remaining issue(s) contained in [his] recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC).” The July 2020 SSOC was the most recent SSOC, and the only issue it addressed was entitlement to a TDIU prior to February 26, 2020. 

Thus, by signing and submitting the August 2020 Appeals Satisfaction Notice, the Veteran has indicated he is satisfied with the decision rendered in this matter and no longer wishes to pursue the appeal of this issue.  In this regard, although the Veteran’s representative submitted a Written Brief Presentation on this matter in February 2021, the Board is confident this was based on error, namely lack of review of the Veteran’s August 2020 withdrawal of the issue in his claims file.  In any event, the Veteran’s withdrawal is effective August 26, 2020, the date it was received by the Board, so his representative’s subsequent argument is of no consequence to this matter. See 38 C.F.R. § 19.55(b)(3).  

Accordingly, for reasons and bases outlined above, there remain no allegations of error of fact or law for appellate consideration, and this appeal is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. deBruyn, 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.