Citation Nr: 21028146
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 17-66 196
DATE: May 10, 2021

ORDER

Entitlement to a rating in excess of 50 percent for a psychiatric disorder, is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to August 14, 1997, is dismissed.

FINDING OF FACT

On March 23, 2021, 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.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from June 1968 to August 1971.

This matter originally came before the Board of Veterans' Appeals (BVA or Board) on appeal from a March 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The issues on appeal were previously before the Board in December 2019, when they were remanded for additional development.  See Stegall v. West, 11 Vet. App. 268 (1998) (holding that a Court or Board remand confers upon the appellant the right to compliance with that order).  The Board finds that there has been substantial compliance with the Board's previous remand directives and the matter is properly before the Board.  Id.

During the pendency of this appeal, an October 2020 rating decision granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, effective August 14, 1997.  TDIU for the period prior to August 14, 1997 remained on appellate status.  See Harper v. Wilkie, Vet. App. 356 (2018).

Withdrawn Issues

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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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  See March 2021 Correspondence.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Khan, 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.