Citation Nr: 21040207
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 19-37 903
DATE: July 2, 2021

ORDER

Entitlement to total disability due to individual unemployability (TDIU) is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the appellant, through his authorized representative, withdrew his appeal for entitlement to TDIU at the June 23, 2021 Board hearing.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant's authorized representative is 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  In the present case, the appellant, through his authorized representative withdrew this appeal at the June 2021 Board hearing. The undersigned affirms he discussed the withdrawal with the Veteran's authorized representative and listened to a telephone conversation the representative had with the Veteran informing him of the consequences of the withdrawal.  The Veteran indicated he still desired to withdraw the claim after he was informed of the consequences.   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.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. A. Prinsen

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.