Citation Nr: 21064906 Decision Date: 10/21/21 Archive Date: 10/22/21 DOCKET NO. 18-47 581 DATE: October 21, 2021 ORDER The appeal of service connection for amblyopia (claimed as vision) has been withdrawn. REMANDED Entitlement to service connection for an acquired psychiatric disorder claimed as anxiety condition and sleep disturbance is remanded. FINDING OF FACT On March 16, 2021, prior to the promulgation of a decision in the appeal, the Board received written statement from the Veteran, through his counsel, indicating his request to withdraw the issues of amblyopia/vision condition. CONCLUSION OF LAW The criteria for withdrawal of an appeal of the issue of service connection for amblyopia/vision condition 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 in the Coast Guard from March 1987 to March 1991, and in the Army from October 2011 to December 2012. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision issued by the Agency of Original Jurisdiction (AOJ). In April 2021, the Veteran testified at a Virtual Hearing before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is associated with the record. Withdrawal of Issue on Appeal Issue: Service connection for amblyopia 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. On March 16, 2021, prior to the promulgation of a decision in the appeal, the Board received written statement from the Veteran, through his counsel, indicating his request to withdraw the issues of ambyopia/vision condition. See Correspondence dated March 2021. Hence, there remain no allegations of errors of fact or law for appellate consideration. Additionally, the Veteran is represented by counsel in his appeal before the Board. Accordingly, the Board does not have jurisdiction to review the appeal with respect to the above identified issues and therefore the issues are dismissed. REASONS FOR REMAND Issue: Entitlement to service connection for an acquired psychiatric disorder. At his hearing, the Veteran requested his claim for anxiety condition and sleep disturbance be broadly considered as an acquired psychiatric disorder. See Hearing Transcript at 2. The Court has held that when a veteran claims service connection, he is not claiming service connection for a specific diagnosis but for his symptoms regardless of the diagnosis, and the claim encompasses the underlying condition, regardless of diagnosis. Clemons v. Shinseki, 23 Vet. App. 1, 4-6 (2009). Thus, the Board finds it appropriate to recharacterize the issue on appeal as a claim for entitlement to service connection for an acquired psychiatric disorder, to include anxiety and sleep disturbance. Further, based on the Veteran's testimony describing events that occurred during his deployments to Kuwait and Afghanistan, the Board finds that additional development is warranted for this issue. Specifically, the Board observes that the Veteran has not been afforded a VA examination and there is no etiological medical opinion of record taking into consideration the Veteran's lay statements regarding his symptoms in service and post-service medical history. Additionally, remand is warranted as there is insufficient medical evidence for the Board to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Thus, remand is warranted to afford the Veteran a VA examination. By this remand, the Board makes no determination, express or implied, concerning the credibility of any lay statements on file. The matters are REMANDED for the following action: Schedule the Veteran for an appropriate VA examination to determine the nature and etiology of his acquired psychiatric disorder. The electronic record must be made available for review. Following examination of the Veteran, the examiner is to provide an opinion as to the following: a) Does the Veteran have a current mental health diagnosis? If so, please identify. b) For each diagnosis, is it at least as likely as not (a 50 percent or greater probability) that the Veteran's current psychiatric disorder is etiologically related to his active duty service? The examiner is asked to consider the Veteran's hearing testimony describing his experiences during deployments to Afghanistan and Kuwait. A complete rationale for all opinions is requested. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. A., 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.