Citation Nr: 22014622
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 17-19 087
DATE: March 14, 2022

ORDER

Entitlement to a total rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In February 2022, prior to the promulgation of a decision, the Veteran submitted correspondence that expressed his intent to withdraw his appeal for entitlement to a TDIU.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to a TDIU have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 2002 through April 2006.

This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from a January 2022 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 19.55.

In February 2022, the Veteran submitted correspondence reflecting his intent to withdraw the appealed claim for entitlement to a TDIU. The Board accepts the Veteran's statement requesting withdrawal of the claim under appeal. As a result, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal as to these issues, and the claims are dismissed.

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N.B. Mmeje, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.