Citation Nr: 21040615
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 16-20 740
DATE: July 6, 2021

ORDER

Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities is dismissed.

FINDING OF FACT

In a December 2020 statement, the Veteran withdrew the pending appeal as to the claims of entitlement to a TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the claim of entitlement to TDIU are 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 April 2003 to February 2005.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado, which granted service connection for PTSD and assigned a 30 percent rating from December 9, 2012.  The Veteran disagreed with the assigned initial rating and perfected a timely appeal in May 2016.

In March 2019, the Veteran presented sworn testimony during a videoconference hearing, which was chaired by the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the Veteran's VA claims file.

In a March 2020 decision, the Board determined that the matter of entitlement to a TDIU had been raised as part and parcel of the initial rating claim.  Rice v. Shinseki, 22 Vet. App. 447 (2009).  In the March 2020 Board decision, the claim of entitlement to a TDIU was remanded for readjudication.  A supplemental statement of the case (SSOC) was issued in July 2020.  The Veteran's VA claims file has been returned to the Board for further appellate proceedings.

1. Entitlement to a TDIU.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the Veteran has withdrawn this appeal.  

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In a December 2020 statement, the Veteran, through her representative, expressed her desire to withdraw the pending appeal of the claim of entitlement to a TDIU.  The written withdrawal included (1) the name of the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  Thus, it meets the criteria for a written withdrawal.  38 C.F.R. §§ 19.55(b)(1).

Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issues on appeal and they are dismissed.

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. K. Buckley, 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.