Citation Nr: 21061745 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 18-44 233 DATE: October 5, 2021 ORDER Entitlement to an earlier effective date for the assignment of a 50 percent disability rating due to clear and unmistakable error (CUE) has been withdrawn. REMANDED Entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) based upon service-connected disabilities is remanded. FINDING OF FACT During the June 2021 hearing before the Board, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this issue is requested. CONCLUSION OF LAW The criteria for withdrawal of entitlement to an earlier effective date for the assignment of a 50 percent disability rating due to CUE by the appellant and his authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from November 1966 to November 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from November 2014 and August 2018 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ) in June 2021. A transcript of that hearing has been associated with the claims file. The Board notes that the AOJ requested the Veteran submit any relevant private treatment records or submit information with which VA can assist the Veteran in obtaining private treatment records. VA requested records for which the Veteran submitted a proper release. The duty to assist is not a one way street. If a Veteran desires help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining evidence. Wood v. Derwinski, 1 Vet. App. 190 (1991). Thus, the Board finds that VA has satisfied the duty to assist. No further notice or assistance to the Veteran is required to fulfill VA's duty to assist in development. Smith v. Gober, 14 Vet. App. 227 (2000); Dela Cruz v. Principi, 15 Vet. App. 143 (2001); Quartuccio v. Principi, 16 Vet. App. 183 (2002). Entitlement to an earlier effective date for the assignment of a 50 percent disability rating due to CUE. The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204(b). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(c). The Veteran perfected an appeal as to the issue of entitlement to an earlier effective date for the assignment of a 50 percent disability rating due to CUE. During the June 2021 hearing, the Veteran submitted a signed statement indicating that he wished to withdraw his current appeal regarding that issue. As such, there remain no allegations of errors of fact or law for appellate consideration and the Board does not have jurisdiction to review the appeal regarding entitlement to an earlier effective date for the assignment of a 50 percent disability rating. Therefore, the issue is dismissed. REASONS FOR REMAND 1. Entitlement to a disability rating in excess of 70 percent for PTSD is remanded. In the June 2021 statement, the Veteran asserted that his PTSD has increased in severity since the Veteran was last examined by VA. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his PTSD. 2. Entitlement to a TDIU based upon service-connected disabilities is remanded. Finally, because a decision on the issue of entitlement to a disability rating in excess of 70 percent for PTSD could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined. A remand of the claim for entitlement to a TDIU is required. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his PTSD alone. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Patricia Veresink, 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.