Citation Nr: 18160558 Decision Date: 12/27/18 Archive Date: 12/27/18 DOCKET NO. 17-11 912 DATE: December 27, 2018 ORDER Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to December 16, 2016, is dismissed. FINDING OF FACT By letter dated July 2017, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to a TDIU prior to December 16, 2016. CONCLUSION OF LAW The criteria for withdrawal of the issue of entitlement to a TDIU prior to December 16, 2016, have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active naval service from February 1964 to February 1966. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. In a June 2017 rating decision, the Veteran was granted entitlement to a TDIU, effective December 16, 2016. That was not a complete grant of the benefit sought on appeal. However, the Board has limited its consideration accordingly. Entitlement to a TDIU prior to December 16, 2016 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 (2012). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2018). Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. By letter dated July 2017, the Veteran withdrew his appeal regarding the issue of entitlement to a TDIU prior to December 16, 2016. As there remains no allegation of error of fact or law for appellate consideration regarding this issue, the Board does not have jurisdiction to review the claim. Accordingly, the issue must be dismissed. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. O’Donnell, Associate Counsel
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