06-33 425, 06-33 425

Veteran served on active duty from July 1978 to June 1990.
Claim for entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 11, 2012, was on appeal to the Board of Veterans' Appeals; original RO decision from May 2005 and administrative hearings in 2010.
The claim was remanded by the Board in April 2010 and April 2016 for further development; remand actions were substantially complied with.
In September 2016 the Veteran, through his accredited representative, submitted a written request to withdraw the appeal as to TDIU prior to May 11, 2012.
VA confirmed in October 2016 that the Veteran was satisfied with his TDIU effective May 11, 2012, and thus no allegation of error remained for appellate review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Board should decide the appeal for TDIU prior to May 11, 2012	Veteran sought TDIU effective before May 11, 2012	VA proceeded to implement withdrawal request and maintained decision effective May 11, 2012	Appeal dismissed for withdrawal; Board lacks jurisdiction to decide since appeal was withdrawn