Citation Nr: 20021156 Decision Date: 04/13/20 Archive Date: 04/13/20 DOCKET NO. 16-53 607A DATE: April 13, 2020 ORDER An earlier effective date of October 1, 2012 for a 70 percent rating for post-traumatic stress disorder (PTSD) is granted. An effective date of October 1, 2012 for a total disability rating due to unemployability (a TDIU rating) based on service-connected disabilities is granted. A rating in excess of 10 percent for lumbosacral strain has been withdrawn and is dismissed. A compensable rating prior to December 4, 2014 and a rating in excess of 10 percent thereafter for gastro-esophageal reflux disease (GERD) has been withdrawn and is dismissed. A rating in excess of 10 percent for hemorrhoids has been withdrawn and is dismissed. A rating in excess of 20 percent for right shoulder AC joint tear has been withdrawn and is dismissed. A compensable rating prior to October 30, 2017 and a rating in excess of 10 percent thereafter for left snapping hip syndrome has been withdrawn and is dismissed. FINDINGS OF FACT 1. In an August 2013 rating decision the Veteran was granted service connection for PTSD effective October 1, 2012. 2. An April 2012 letter from the Veteran’s therapist, A.K., a licensed clinical social worker, stated he was unable to focus for more than a very short period of time. He is less able to function well during the day due to sleep disturbances related to his PTSD, his PTSD makes it difficult for him to attend work, sustain lengthy conversations without becoming anxious or distracted, complete his thoughts, and follow through on tasks he is assigned. A.K. noted that the Veteran has severe panic attacks and is unable to manage being around groups of people. The Veteran calls out of work at least once a week because he is unable to drive himself to work. A.K. opined that the Veteran was “unable to maintain any employment, no matter how menial or monotonous due to the extreme symptoms from which he is suffering.” 3. The evidence of record (with the key evidence as noted in the previous finding of fact) supports a finding that the Veteran’s PTSD symptoms cause social and occupational impairment in most areas but not total social and occupational impairment from October 1, 2012, the effective date of service connection for PTSD. 4. Based on the evidence of record (with the key evidence as noted in the previous findings of fact) the Board finds the Veteran has been rendered unable to obtain and maintain substantially gainful employment as a result of his service-connected disabilities from October 1, 2012, the effective date of service connection for PTSD 5. In June 2019 the Veteran’s representative submitted a written statement withdrawing the appeal for a rating in excess of 10 percent for lumbosacral strain. 6. In June 2019 the Veteran’s representative submitted a written statement withdrawing the appeal for a compensable rating prior to December 4, 2014 and a rating in excess of 10 percent thereafter for gastro-esophageal reflux disease (GERD). 7. In June 2019 the Veteran’s representative submitted a written statement withdrawing the appeal for a rating in excess of 10 percent for hemorrhoids. 8. In June 2019 the Veteran’s representative submitted a written statement withdrawing the appeal for a rating in excess of 20 percent for right shoulder AC joint tear. 9. In June 2019 the Veteran’s representative submitted a written statement withdrawing the appeal for a compensable rating prior to October 30, 2017 and a rating in excess of 10 percent thereafter for left snapping hip syndrome. CONCLUSIONS OF LAW 1. The criteria have been met for an effective date of October 1, 2012 for a 70 percent rating for post-traumatic stress disorder (PTSD). 38 U.S.C. §§ 5107(b), 5110 (2012); 38 C.F.R. §§ 3.102, 3.400 (2018). 2. The criteria have been met for an effective date of October 1, 2012 for a TDIU rating due to unemployability based on service-connected disabilities. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.340, 3.341, 4.3, 4.15, 4.16. 3. The criteria have been met for withdrawal of a rating in excess of 10 percent for lumbosacral strain by the appellant (or his authorized representative). 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria have been met for withdrawal of a compensable rating prior to December 4, 2014 and a rating in excess of 10 percent thereafter for gastro-esophageal reflux disease (GERD) by the appellant (or his authorized representative). 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria have been met for withdrawal of a rating in excess of 10 percent for hemorrhoids by the appellant (or his authorized representative). 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria have been met for withdrawal of a rating in excess of 20 percent for right shoulder AC joint tear by the appellant (or his authorized representative). 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria have been met for withdrawal of claim for a compensable rating prior to October 30, 2017 and a rating in excess of 10 percent thereafter for left snapping hip syndrome by the appellant (or his authorized representative). 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1986 to August 2002 and from November 2007 to September 2012. The Board notes that on his March 2018 substantive appeal (VA form 9), the Veteran requested a hearing. He subsequently withdrew his request for a hearing in an April 2019 letter from his representative; the Board considers his request withdrawn and will proceed to adjudicate the appeals. The appeals for (1) an earlier effective date of October 1, 2012 for a 70 percent rating for PTSD and (2) an effective date of October 1, 2012 for a TDIU rating are granted based on the reasons explained above. 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. § 20.205. Withdrawal may be made by the appellant or by his authorized representative. 38 C.F.R. § 20.205. In the present case, the Veteran has withdrawn his appeals for an increased rating for lumbosacral strain, increased rating for GERD, increased rating for hemorrhoids, increased rating for right shoulder AC joint tear, and an increased rating for left snapping hip syndrome, as expressed in his representative’s June 2019 correspondence, and, hence, there remain no allegations of errors of fact or law for appellate consideration concerning those issues. Accordingly, the Board does not have jurisdiction to review those appeals, and they are dismissed. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. D’Allaird, Associate 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.