Citation Nr: 21040984
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 17-52 713
DATE: July 7, 2021

ORDER

The issue of entitlement to a total disability rating based on individual unemployability (TDIU), prior to May 6, 2021, has been withdrawn.

FINDING OF FACT

In June 2021, the Veteran submitted correspondence stating that he was satisfied with the decision rendered on his claim, and that he wished to withdraw all remaining issues contained in the Supplemental Statement of the Case.

CONCLUSION OF LAW

The criteria for withdrawal by the appellant of entitlement to a TDIU, prior to May 6, 2021, have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.205, 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1964 to November 1971.

This matter came before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned Veterans Law Judge in September 2020; a transcript is of record.

In March 2021, the Board remanded the issue of entitlement to a rating higher than 30 percent for posttraumatic stress disorder (PTSD).  The Board also remanded the issue of entitlement to a TDIU, which is found had been raised by the record, pursuant to Rice v. Shinseki, 22 Vet. App. 447, 453 (2009).  After attending a VA examination in May 2021, the Regional Office issued a rating decision which increased the Veteran's evaluation to 100 percent, effective May 6, 2021.  It also issued a Supplemental Statement of the Case which denied entitlement to a TDIU prior to May 6, 2021, and it noted that the issue of entitlement to a TDIU from that date was now moot.

In June 2021, the Veteran submitted correspondence stating that he was satisfied with the decision rendered on his claim, and that he wished to withdraw all remaining issues contained in the Supplemental Statement of the Case.

A substantive appeal may be withdrawn in writing, except for appeals withdrawn on the record at a hearing, at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.205, 19.55.  The Board finds that the June 2021 correspondence from the Veteran explicitly and unambiguously withdrew the issue of entitlement to a TDIU prior to May 6, 2021.  There remains no allegation of errors of fact or law for appellate consideration with regards to this matter.  Accordingly, the Board does not have jurisdiction to review the appeal of this issue, and it is dismissed.

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mary E. Rude, 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.