Citation Nr: 20043377 Decision Date: 06/26/20 Archive Date: 06/26/20 DOCKET NO. 15-14 829 DATE: June 26, 2020 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) has been withdrawn. Entitlement to a total disability rating based on individual unemployability (TDIU) has been withdrawn. REMANDED Entitlement to a rating in excess of 10 percent for degenerative disc disease of the lumbar spine is remanded. FINDINGS OF FACT 1. Prior to the promulgation of a decision on the issue on appeal, the Veteran requested that his appeal of the issue of service connection for PTSD be withdrawn. 2. Prior to the promulgation of a decision on the issue on appeal, the Veteran requested that his appeal of the issue of entitlement to a TDIU be withdrawn. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to service connection for posttraumatic stress disorder (PTSD) by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of entitlement to a total disability rating based on individual unemployability (TDIU) by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from March 1966 to March 1992. These matters come before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in November 2018. A transcript of the hearing has been associated with the record. WITHDRAWN ISSUES 1. Entitlement to service connection for posttraumatic stress disorder (PTSD) 2. Entitlement to a total disability rating based on individual unemployability (TDIU) A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. During the November 2018 hearing, the Veteran’s representative indicated that the Veteran wished to withdraw the claim for service connection for PTSD and entitlement to a TDIU. Because the Veteran, through his representative, has clearly indicated his wish to withdraw the issues, there remain no allegations of errors of fact or law for appellate consideration. See 38 C.F.R. § 20.204. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. Accordingly, the Board does not have jurisdiction to review the issues and they are therefore dismissed. REASONS FOR REMAND Entitlement to rating in excess of 10 percent for degenerative disc disease of the lumbar spine is remanded. In evaluating the Veteran's appeal, the Board must address evidence received since the September 2016 Statement of the Case (SOC), but not yet considered in any additional rating decision or supplemental SOC (SSOC). Any pertinent evidence submitted by the Veteran or his representative after records have been transferred to the Board must be referred to the AOJ for consideration in the first instance, unless this procedural right is waived. See 38 C.F.R. § 20.1305. In this case, new evidence was associated with the Veteran's claims file subsequent to the August 2015 SOC. Specifically, a Disability Benefits Questionnaire was submitted in July 2019 and updated VA and private treatment records were received in January 2019 and July 2019. The Board sent the Veteran a waiver solicitation letter in January 2020 to ascertain whether it could review the evidence received after the August 2015 SOC and the subsequent transfer of the Veteran’s claims file to the Board. The letter stated that the Veteran had 45 days to respond and, if no response was received, the Board was to assume that the Veteran did not want the Board to decide his appeal at the present time. The Veteran has not submitted a response to the January 2020 letter and, accordingly, the Board must remand the Veteran's appeal for consideration of this additional evidence by the AOJ in the first instance. The matters are REMANDED for the following action: After completing any additional development deemed necessary, readjudicate the Veteran's claim, in light of the Disability Benefits Questionnaire submitted in July 2019 and updated VA and private treatment records received in January 2019 and July 2019, as well as any other new evidence submitted. If the benefits sought remain denied, provide an SSOC to the Veteran and his representative and afford them an opportunity to respond. Then, return the appeal to the Board, if in order. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Marsh II, 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.