Citation Nr: 21029991
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 14-27 502
DATE: May 17, 2021

ORDER

The appeal is dismissed.  

 

FINDING OF FACT

In May 2021, prior to the promulgation of a Board decision, the Veteran withdrew the appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 2004 to April 2009.  

The case is on appeal from a December 2013 rating decision.  

In a December 2020 decision, the Board, in part, remanded the issue of a total disability rating based on individual unemployability (TDIU) for additional development.  

A TDIU.  

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  

In May 2021, the Veteran's representative submitted a brief.  In doing so, the Veteran's representative stated that the Veteran was no longer interested in pursuing the TDIU claim noting "we ask the Board to acknowledge that the Veteran has withdrawn his claim of TDIU, rendering the appeal moot."  

The Board finds that the Veteran's withdrawal of the issue on appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  The brief from the Veteran's representative states that the Veteran had received the recent correspondence from VA (VA Form 21-8940) and that he had made several attempts over the past several years, both directly with the VA and via his local American Legion representative, to withdraw his claim for TDIU.  

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Taylor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.