Citation Nr: 21041792
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 16-63 009
DATE: July 10, 2021

ORDER

A total disability rating based on individual unemployability due to service-connected disability (TDIU) prior to August 29, 2013 is dismissed.

FINDINGS OF FACT

1. The Veteran had active duty from November 1995 to November 1999 and from January 2004 to March 2005.

2. In January 2021, prior to promulgation of a decision on the appeal, the Veteran indicated his intent to withdraw his claim for a TDIU prior to August 29, 2013.

CONCLUSION OF LAW

The criteria for withdrawal of the claim for a TDIU prior to August 29, 2013, have been met. 38 U.S.C. § 7105(d)(5) (2012); 38 C.F.R. § 20.204 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary. 38 U.S.C. § 7104. 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An appeal may be withdrawn by the appellant or by his or her authorized representative, in writing or on the record at a hearing, at any time before the Board promulgates a decision in the matter. 38 C.F.R. § 20.204. A withdrawal of an appeal is effective when received. 38 C.F.R. § 20.204 (b)(3).

In a January 2021 correspondence, the Veteran indicated his intent to withdraw the claim for a TDIU prior to August 29, 2013. No adjudicatory actions have been taken since that time. 

Moreover, the withdrawal was requested prior to the promulgation of a Board decision on the matter, such that there is no allegations of error of fact or law with respect to the claim remaining for appellate consideration. Thus, the Board does not have jurisdiction to further consider the appeal and it is dismissed.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Grzeczkowicz 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.