Citation Nr: 21042400 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 07-34 773A DATE: July 13, 2021 ORDER Entitlement to an initial disability rating in excess of 30 percent for cervical spine degenerative arthritis is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed. FINDING OF FACT On March 8, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and his representative, that a withdrawal of this appeal is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the Veteran's claim for initial disability rating in excess of 30 percent for cervical spine degenerative arthritis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of entitlement to a TDIU rating due to service-connected disabilities have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from January 1989 to May 1989, from January 2000 to July 2000, from February 2002 to November 2002, and from January 2003 to July 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2007 rating decision. In October 2016, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a video-conference hearing. A transcript of the hearing is of record. Most recently, the above issues were remanded by the Board in June 2020 for further development. After the remand, a January 2021 rating decision assigned a 30 percent disability rating, effective February 12, 2006 for the Veteran's cervical spine degenerative arthritis. As this rating decision represents partial grants of the benefits sought, the issues remain on appeal. AB v. Brown, 6 Vet. App. 35, 38 (1993) (holding that a claimant is presumed to be seeking the maximum rating allowed by law). 1. Entitlement to an initial disability rating in excess of 30 percent for cervical spine degenerative arthritis is dismissed. 2. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed. VA regulations provide for the withdrawal of an appeal to the Board by the submission of a written request at any time before the Board issues a final decision on the merits. See 38 C.F.R. § 19.55. After an appeal is transferred to the Board, an appeal withdrawal is effective the date it is received by the Board. Id. Appeal withdrawals must be in writing and must include the name of the Veteran, the Veteran's claim number, and a statement that the appeal is withdrawn. Id. The March 8, 2021 notification, from the Veteran and his representative, containing the Veteran's request to withdraw his appeal was in writing and it contains his name and claim number. The Board has not yet issued a decision concerning the issue on appeal; thus, the criteria are met for withdrawal of the claim. When pending appeals are withdrawn, there are no longer allegations of factual or legal error with respect to the issues that had been previously appealed. In such an instance, dismissal of the pending claim is appropriate. See 38 U.S.C. § 7105(d). Accordingly, further action by the Board on this appeal is not appropriate and it is dismissed. Id. P.M. DILORENZO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mussey, Sean 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.