Citation Nr: 21023201
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 15-09 471
DATE: April 20, 2021

ORDER

Entitlement to a total disability evaluation based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

Prior to promulgation of a decision in the appeal, the Veteran indicated in a March 2021 statement, through his authorized representative, that he would like to withdraw his appeal regarding entitlement to a total disability evaluation based on individual unemployability (TDIU).

CONCLUSION OF LAW

The criteria for dismissal of entitlement to a total disability evaluation based on individual unemployability (TDIU) have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.204, 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from August 1975 to May 1979.

Entitlement to a total disability evaluation based on individual unemployability (TDIU)

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(c). 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 Board received a March 2021 statement from the Veteran requesting to withdraw his appeal along with correspondence from the Veteran’s representative confirming that the Veteran wishes to withdraw his appeal with respect to the issue of entitlement to a TDIU. The statements were signed by both the Veteran and his representative respectively. As the Veteran is represented and they reached the decision jointly, he is presumed to be aware of the effects of this action. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL D. LYON

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.