Citation Nr: 22008061 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 18-23 659 DATE: February 11, 2022 ORDER The appeal as to whether the reduction in disability rating from 10 percent to noncompensable for the residuals of a traumatic brain injury (TBI) to include headaches was proper, has been withdrawn and is dismissed. The appeal as to whether the discontinuation of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) was proper, has been withdrawn and is dismissed. The appeal as to whether the discontinuation of eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was proper, has been withdrawn and is dismissed. FINDINGS OF FACT 1. Prior to the promulgation of a decision in the appeal, the Veteran indicated his desire to withdraw his appeal as to whether the decrease of his TBI disability rating was proper. 2. Prior to the promulgation of a decision in the appeal, the Veteran indicated his desire to withdraw his appeal as to whether entitlement to TDIU was properly discontinued. 3. Prior to the promulgation of a decision in the appeal, the Veteran indicated his desire to withdraw his appeal as to whether entitlement to Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35 was properly discontinued. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal of a decrease in disability rating from 10 percent to noncompensable for TBI residuals are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the appeal as to whether entitlement to TDIU benefits was properly discontinued are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of the appeal as to whether entitlement to Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35 were properly discontinued are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from March 1966 to January 1968. This appeal is before the Board of Veterans' Appeals (Board) from a December 2017 rating decision from a Department of Veterans Affairs (VA) Regional Office. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In this case, on April 21, 2021, prior to the promulgation of a decision in the appeal, a VA Form 21-4138 was entered into the claims file which indicates that during a phone conversation with the Veteran, he indicated his desire to withdraw these appeals. Specifically, the form reads, "Per conversation with the Veteran, he [wishes] to [withdraw] his appeal with the BVA for IU, TBI, and Chap. 35." (Corrections were made for typos in the Form). Additionally, a second VA Form 21-4138 was entered into the claims file on December 14, 2021 which indicates that during a second phone conversation with the Veteran, he again indicated his desire to withdraw these appeals. Specifically, the form reads, "Per phone call with the Veteran he wishes to withdraw his BVA appeal scheduled for 12/10/2021 at 11:00 for TBI, TDIU, CH. 35." The Board notes that although "Ch. 35" is general in nature, the Veteran's specificity in the date and time of his scheduled hearing implies his "Ch. 35" withdrawal was in reference to his appeal as to whether entitlement to Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35 were properly discontinued. Based on the nature of the statements and that they occurred on two separate occasions, the Board finds these statements represent sufficient indication of the Veteran's desire to withdraw his appeals. Thus, since the Veteran withdrew his claims, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals, and they must be dismissed. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Law Clerk, Tyler R. Masters 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.