Citation Nr: 22011990
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 19-19 699
DATE: March 2, 2022

ORDER

The appeal as to entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In written, signed correspondence, received February 17, 2022, prior to the promulgation of a decision in the appeal, the Veteran and his accredited representative requested a withdrawal of the appeal as to the issue of entitlement a TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to entitlement to a TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 2009 to March 2014.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a September 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Withdrawals must be in writing and must include the name of the Veteran, the name of the claimant or appellant if other than the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  38 C.F.R. § 19.55 (b)(1), see Hembree v. Wilkie, 33 Vet. App. 1 (2020).  Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the AOJ.  38 C.F.R. § 19.55(b)(3).

The Veteran had appealed the matter of entitlement to TDIU and was scheduled for a Board hearing in March 2022 as to this claim.  A January 2022 rating decision, in relevant part, assigned an increased 100 percent rating for the Veteran's service-connected PTSD.  In February 2022, VA received a VA Form 21-4138, Statement in Support of Claim, from the Veteran's accredited representative indicating that the "Veteran has requested to cancel his hearing and withdraw his appeal because [he] was subsequently given 100% and he does not wish to pursue his appeal."  In a separate statement received on the same day, the Veteran expressed his wish to "formally" withdraw his individual unemployability claim because he is happy with his current rating of 100 percent.  The withdrawal is in writing and contains the Veteran's name, VA file number, and a statement indicating that the Veteran 

 

wishes to withdraw his individual unemployability appeal, the only issue on appeal in his case.  Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the issue of entitlement to a TDIU is dismissed.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K Hughes

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.