Citation Nr: 21028634 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 09-28 394 DATE: May 11, 2021 ORDER A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to July 10, 2017, is dismissed. FINDING OF FACT In a February 2021 appeals satisfaction notice, prior to the promulgation of a decision in the appeal, the Veteran withdrew the issue of a TDIU prior to July 10, 2017. CONCLUSION OF LAW The criteria for a withdrawal of an appeal of the issue of a TDIU prior to July 10, 2017, have been met. 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1966 to September 1982. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared at a hearing in August 2011 before an Acting Veterans Law Judge who is no longer employed at the Board. In March 2021, the Board sent the Veteran a letter asking him if he wished to have another Board hearing in this matter. The Veteran was also notified that if he did not respond within 30 days from the date of the March 2021 letter, the Board will assume that he does do not want another Board hearing and will proceed accordingly. The Veteran did not respond to the March 2021 letter, and therefore, it is assumed that the Veteran does not want a hearing before a different Veterans Law Judge. Therefore, the Board will proceed with the appeal. Withdrawal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Id. Historically, the issue of a TDIU stems from a January 2008 rating decision, where the RO granted service connection for a low back disability, effective November 10, 2005, the date of the Veteran's claim of service connection for a low back disability. The Veteran timely appealed the January 2008 rating decision to the Board. In February 2014, the Board remanded the issue of a TDIU for referral to the Director of the Compensation for consideration of whether a TDIU was warranted on an extraschedular basis pursuant to 38 C.F.R. § 4.16(b). In September 2016, the Director of Compensation rendered an advisory opinion regarding extraschedular consideration for a TDIU under 38 C.F.R. § 4.16(b): finding that a TDIU is not warranted. In August 2017, the Board determined that the September 2016 advisory opinion was inadequate and remanded the appeal for referral to the Director for another opinion as to whether a TDIU was warranted on an extraschedular basis pursuant to 38 C.F.R. § 4.16(b). In November 2020, the Director of Compensation found that a TDIU was not warranted on an extraschedular basis prior to July 10, 2017. In a December 2020 rating decision, the Decision Review Officer (DRO) granted a TDIU, effective July 10, 2017. Following notification of the December 2020 rating decision, in February 2021, the Veteran submitted an appeals satisfaction notice, indicating that he was satisfied and wish to withdraw all remaining issues associated with his appeal. The appeals satisfaction notice states that "[b]y signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC)." Furthermore, the Veteran indicated that he withdrew "any remaining TDIU appeal currently with the Board...". In this case, the last SSOC, with respect to the issue of a TDIU, was issued in December 2020 which addressed the issue of a TDIU prior to July 10, 2017. (Continued on the next page) The Veteran's February 2021 correspondence meets the requirements to withdraw his appeal per 38 C.F.R. § 19.55. Therefore, 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. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Castillo, 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.