Citation Nr: 1045637 Decision Date: 12/06/10 Archive Date: 12/14/10 DOCKET NO. 04-37 763A ) DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a total rating based upon individual unemployability (TDIU) due to service-connected disabilities. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD John Kitlas, Counsel INTRODUCTION The Veteran served on active duty from March 2003 to May 2003. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2004 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Board observes that the Veteran also perfected an appeal on the issues of entitlement to service connection for right parietal primitive neuro-ectodermal tumor, and for a focal sensory seizure disorder. Service connection was established for the former by a November 2008 Board decision. Although the Board remanded the latter claim for additional development, service connection was subsequently established for a focal seizure disorder by a May 2010 rating decision. Nothing in the record reflects the Veteran has disagreed with either the initial rating(s) assigned for these disabilities, or the effective date(s) thereof. In view of the foregoing, these issues have been resolved and are not on appeal before the Board. See generally Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997), and Barrera v. Gober, 122 F.3d 1030 (Fed. Cir. 1997). FINDINGS OF FACT In November 2010, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal on the issue of entitlement to a TDIU is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2010). REASONS AND BASES FOR FINDINGS AND CONCLUSION 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.A. § 7105 (West 2002). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2010). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, the Veteran has withdrawn his appeal on the issue of entitlement to a TDIU due to service-connected disabilities. 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. ORDER The appeal is dismissed. C. TRUEBA Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs