Citation Nr: 25006629
Decision Date: 05/15/25	Archive Date: 05/15/25

DOCKET NO. 16-56 896
DATE: May 15, 2025

ORDER

The Veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) prior to October 29, 2021, has been withdrawn and is dismissed.

FINDING OF FACT

On March 27, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran involving the claim for entitlement to TDIU, prior to October 29, 2021, 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 in the Marine Corps from April 2003 to April 2007.

Most recently, the Veteran's claim for entitlement to a TDIU rating prior to October 29, 2021, was remanded for additional development by the Board of Veterans' Appeals (Board) in a September 2024 decision.

Subsequent to the directed development, the Veteran was denied a TDIU rating, prior to October 29, 2021, in November 2024 and January 2025 Supplemental Statements of the Case (SSOCs).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

Following the January 2025 SSOC, the Veteran's representative submitted a Statement in Support of Claim, dated March 27, 2025, and received on that same date, stating that the Veteran was satisfied with his current permanent and total disability rating and wished to withdraw his pending appeal. Hence, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the Veteran's claim, and it is dismissed. 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.