Citation Nr: 21061729 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 19-35 852A DATE: October 5, 2021 ORDER The issue of a compensable rating for left lower extremity peripheral neuropathy is dismissed. REMANDED The issue of a total disability rating based on individual unemployability (TDIU) is remanded. FINDING OF FACT During the September 2021 Board hearing and in a September 2021 statement, prior to the promulgation of a decision in the appeal, the Veteran withdrew the issue of a compensable rating for left lower extremity peripheral neuropathy. CONCLUSION OF LAW The criteria for a withdrawal of an appeal of the issue of a compensable rating left lower extremity peripheral neuropathy 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 March 1989 to November 1990. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In September 2021, the Veteran presented testimony before the undersigned Veterans Law Judge. A transcript of the hearing has not yet been associated with the file; however, one is not necessary for a decision on the appeal. The issue of a TDIU has been raised as part and parcel of the increased rating claim for the left lower extremity peripheral neuropathy. See Veteran's Application for Increased Compensation Based on Unemployability (VA Form 21-8940) (March 2016). Withdrawal 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. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. During the September 2021 Board hearing and in a September 2021 statement, prior to the promulgation of a decision in the appeal, the Veteran withdrew the issue of a higher rating for left lower extremity peripheral neuropathy. "[W]ithdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant." Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011). A Board determination that a claimant validly withdrew his appeal orally must include a finding regarding whether [the appellant] understood the consequences of withdrawing his claims." Acree v. O'Rourke, 891 F.3d 1009, 1015 (Fed. Cir. 2018). During the September 2021 Board hearing, the Veterans Law Judge explained the consequences of withdrawing the issue. The Veteran confirmed that he wished to withdraw his appeal as to the issue a higher rating for left lower extremity peripheral neuropathy. Furthermore, following the September 2021 Board hearing, the Veteran, submitted a September 2021 statement withdrawing the issue of a higher rating for left lower extremity peripheral neuropathy. In light of the above, there remains no allegations of errors of fact or law for appellate consideration as to this issue. Accordingly, the Board does not have jurisdiction to review the appeal of the issue, and it is dismissed. REASONS FOR REMAND The issue of a TDIU is remanded. The record includes a September 2020 rating decision in which the RO granted a TDIU, effective August 22, 2015. During the September 2021 Board hearing, the Veteran asserted that he was not notified of the award of a TDIU and that he had not been compensated for the award of a TDIU. A Supplemental Statement of the Case was issued in September 2020 on the issue of entitlement to a TDIU prior to August 22, 2015, and notes that TDIU was granted in a rating decision the same day. However, a review of the claims file shows that there was no notification letter following the September 2020 rating decision, notifying the Veteran of the September 2020 rating decision that granted a TDIU from August 22, 2015. Therefore, a remand is necessary to send to the Veteran a notification letter of the September 2020 rating decision that granted a TDIU. The matter is REMANDED for the following action: Send the Veteran and his attorney a notification letter regarding the September 2020 rating decision, which granted a TDIU. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Castillo, 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.