Citation Nr: 21021475
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 19-09 998
DATE: April 13, 2021

ORDER

The issue of entitlement to a total disability rating based upon individual unemployability (TDIU) due to the Veteran’s service-connected disabilities is dismissed.

FINDING OF FACT

On March 26, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he requested to withdraw this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Air Force from August 1965 to October 1985.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).  In December 2020, this issue was remanded by the Board.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 and it is dismissed. 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.