Citation Nr: 22017533
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 17-58 629
DATE: March 25, 2022

ORDER

The appeal concerning entitlement to an effective date earlier than December 8, 2014, for the award of a total disability evaluation based on individual unemployability (TDIU) has been withdrawn and is therefore dismissed.

The appeal concerning entitlement to an effective date earlier than December 8, 2014, for the award of Dependents Educational Assistance (DEA) has been withdrawn and is therefore dismissed.

FINDING OF FACT

On May 5, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's representative that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal concerning entitlement to an effective date earlier than December 8, 2014, for the award of a total disability evaluation based on individual unemployability (TDIU) by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021).

2. The criteria for withdrawal of an appeal concerning entitlement to an effective date earlier than December 8, 2014, for the award of Dependents Educational Assistance (DEA) by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 appellant or by his or her authorized representative.  Id.  In the present case, the Veteran had filed claims appealing the effective dates of his award of TDIU and DEA.  On May 5, 2021, the Veteran's representative filed a written statement with the Board stating the Veteran wished to cancel a previous hearing request and to discontinue his appeals.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL A. PAPPAS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.