Citation Nr: 21001311 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 17-46 627 DATE: January 7, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is dismissed. REMANDED Entitlement to service connection for peripheral neuropathy, left upper extremity, to include as due to herbicide agent exposure and/or as secondary to service-connected diabetes, mellitus type II, is remanded. Entitlement to service connection for peripheral neuropathy, right upper extremity, to include as due to herbicide agent exposure and/or as secondary to service-connected diabetes mellitus, type II, is remanded. Entitlement to service connection for peripheral neuropathy, right lower extremity, to include as due to herbicide agent exposure and/or as secondary to service-connected diabetes mellitus, type II, is remanded. Entitlement to service connection for peripheral neuropathy, left lower extremity, to include as due to herbicide agent exposure and/or as secondary to service-connected diabetes mellitus, type II, is remanded. FINDING OF FACT In a March 12, 2020 written statement, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal for entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is requested. CONCLUSION OF LAW The criteria for withdrawal of entitlement to service connection an acquired psychiatric disorder, to include PTSD, by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1962 to July 1965. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 rating decision. In November 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a video-conference hearing. A transcript of that hearing is of record. The above issues were remanded by the Board in March 2020 for further development. Unfortunately, for the reasons discussed below, yet another remand is warranted. 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is dismissed. VA regulations provide for the withdrawal of an appeal to the Board by the submission of a written request at any time before the Board issues a final decision on the merits. See 38 C.F.R. § 19.55. After an appeal is transferred to the Board, an appeal withdrawal is effective the date it is received by the Board. Id. Appeal withdrawals must be in writing and must include the name of the Veteran, the Veteran’s claim number, and a statement that the appeal is withdrawn. Id. The March 12, 2020 notification containing the Veteran’s statement withdrawing his claim for PTSD has been reduced to writing, and it contains his name and claim number. The Board has not yet issued a decision concerning the issue on appeal; thus, the criteria are met for withdrawal of the claim. When pending appeals are withdrawn, there are no longer allegations of factual or legal error with respect to the issues that had been previously appealed. In such an instance, dismissal of the pending claim is appropriate. See 38 U.S.C. § 7105(d). Accordingly, further action by the Board on this issue is not appropriate and it is dismissed. Id. REASONS FOR REMAND 1. Entitlement to service connection for peripheral neuropathy, left upper extremity, to include as due to herbicide agent exposure and/or as secondary to service-connected diabetes mellitus, type II, is remanded. 2. Entitlement to service connection for peripheral neuropathy, right upper extremity, to include as due to herbicide agent exposure and/or as secondary to service-connected diabetes mellitus, type II, is remanded. 3. Entitlement to service connection for peripheral neuropathy, right lower extremity, to include as due to herbicide agent exposure and/or as secondary to service-connected diabetes mellitus, type II, is remanded. 4. Entitlement to service connection for peripheral neuropathy, left lower extremity, to include as due to herbicide agent exposure and/or as secondary to service-connected diabetes mellitus, type II, is remanded. The Veteran’s claims for service connection for peripheral neuropathy were remanded by the Board in March 2020 for further development. Unfortunately, for the reasons discussed below, the Veteran’s claims for service connection require yet another remand. Private treatment records contained in the Veteran’s claims file indicate that he underwent an EMG nerve conduction study in Florida. The EMG nerve conduction study is not contained in the Veteran’s claims file. A remand is required to allow VA to obtain authorization and request these records, as well as the Veteran’s complete treatment records from Jae Yong Lee, M.D., at Eisenhower Health. After the above records are obtained, an additional VA medical examination should be scheduled to clarify the diagnosis and etiology of any neurological disorders of the Veteran’s upper and lower extremities. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from February 2020 to present. 2. Obtain the Veteran’s complete treatment records from Jae Yong Lee, M.D. at Eisenhower Health and his EMG/nerve conduction study performed in Florida. 3. After the above development is completed, schedule the Veteran for a VA neurological examination of his upper and lower extremities. The entire claims file, including a copy of this remand, must be provided to the examiner, who must note its review. After a complete review of the record, the examiner is asked to: (a) Identify (by diagnosis) each neurological disorder of the upper and lower extremities that has been present since April 2016, i.e., any peripheral neuropathy, carpal tunnel syndrome, polyneuropathy, etc. In so doing, the examiner should review and consider the Veteran’s VA treatment records and his treatment records from Eisenhower Health and NeuroHealth, Inc. Further, all appropriate diagnostic testing as determined by the examiner, including EMG/NCS, should be conducted. (b) Provide an opinion as to whether it is at least as likely as not (probability of at least 50 percent) that any neurological disorder of the upper and lower extremities is related to the Veteran’s in-service herbicide exposure. (c) Provide an opinion as to whether it is at least as likely as not (probability of at least 50 percent) that any neurological disorder of the upper and lower extremities (i) was caused by, or (ii) is/was aggravated (i.e., worsened) by the Veteran’s diabetes mellitus, type 2. If the clinician determines that any of the Veteran’s neurologic disabilities is less likely than not due to his in-service herbicide agent exposure or his service-connected diabetes mellitus, type II, the clinician should discuss what other factor(s) caused his condition. A complete rationale must be provided for all opinions and conclusions reached. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sean Mussey, 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.