Citation Nr: 21026946
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 17-19 153
DATE: May 4, 2021

ORDER

A total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) prior to March 7, 2014, is dismissed.

FINDING OF FACT

In April 2021, the Veteran submitted a signed statement requesting to withdraw his claim for entitlement to a TDIU prior to March 7, 2014.

CONCLUSION OF LAW

The appeal of the claim for entitlement to a TDIU prior to March 7, 2014, has been withdrawn.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from November 1980 to March 2001.

In February 2020, the Veteran testified at a Travel Board hearing.  A transcript of that hearing is of record.

This issue of entitlement to a TDIU was previously before the Board in May 2020.

A January 2021 Rating Decision granted the Veteran's claim for entitlement to a TDIU from March 7, 2014, which is the day after he last reported working full time.

A TDIU prior to March 7, 2014, is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In April 2021, the Veteran submitted a signed statement requesting to withdraw his claim for entitlement to a TDIU prior to March 7, 2014.  Accordingly, there remain no allegations of errors of fact or law for appellate consideration with regard to this issue.  The Board does not have jurisdiction to review this issue, and dismissal is warranted.

 

 

P. M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Denton, Buck

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.