Citation Nr: 21021134
Decision Date: 04/09/21	Archive Date: 04/09/21

DOCKET NO. 12-34 906
DATE: April 9, 2021

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. On November 5, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

2. There is no specific determination with which the Veteran continues to disagree.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active service from May 1959 to May 1962.

The instant matter has been before the Board on multiple occasions.  Most recently, in an October 2020 remand. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran requested to withdraw his appeal as to the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities by way of a November 2020 phone call to the RO. The phone call was memorialized in writing and is of record. See Tomlin v. Brown, 5 Vet. App. 355, 357-58 (1993). See also January 2021 Report of General Information. As such, the Board finds that the Veteran has withdrawn this appeal. To the extent that such a withdrawal was not valid, the Board finds that the evidence demonstrates that there is no specific determination with which the Veteran continues to disagree. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal as to this issue and it is dismissed.

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.