Citation Nr: 21029502
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 17-12 449
DATE: May 13, 2021

ORDER

The appeal of whether an April 15, 2013, substantive appeal was timely received is dismissed.

The claim for total disability based on individual unemployability (TDIU) prior to December 27, 2019, is dismissed.

The claim for a higher initial rating in excess of 50 percent prior to December 27, 2019, is dismissed.

The claim for a higher initial rating in excess of 70 percent beginning December 27, 2019, is dismissed.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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. § 20.205 § 19.55.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.