Citation Nr: 21067852 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 14-12 918 DATE: November 5, 2021 ORDER Entitlement to a compensable rating prior to September 25, 2015, a rating in excess of 10 percent since September 25, 2015, and a rating in excess of 20 percent since March 14, 2019 for bilateral hearing loss has been withdrawn. REMANDED Entitlement to a disability rating in excess of 20 percent for right lower extremity peripheral neuropathy is remanded. Entitlement to a disability rating in excess of 20 percent for left lower extremity peripheral neuropathy is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disability prior to September 7, 2012 is remanded. FINDING OF FACT In July 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal for increased ratings for bilateral hearing loss is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal for increased ratings for bilateral hearing loss 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 had active service from November 1965 to November 1967. This appeal comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). The appeal was most recently before the Board in January 2018, when it was decided in part and remanded in part. In July 2017, the Veteran testified at a videoconference hearing before a Veterans Law Judge who is no longer at the Board. A transcript of that hearing is of record. In November 2020, the Board informed the Veteran (and his representative) that he had the option to have another hearing before a Veterans Law Judge who would participate in any decision made on his appeal. Unfortunately, the letter referenced a prior January 2011 Board hearing rather than the July 2017 hearing at issue. Nonetheless, the Veteran's attorney responded in a March 2021 letter that the Veteran did not wish to have another Board hearing. Therefore, the Board finds his waiver of another hearing valid and the Board will proceed with adjudicating the appeal. Entitlement to a compensable rating prior to September 25, 2015, a rating in excess of 10 percent since September 25, 2015, and a rating in excess of 20 percent since March 14, 2019 for bilateral hearing loss 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. Id. In the present case, the Veteran has withdrawn the issue of entitlement to increased ratings for his bilateral hearing loss and, hence, there remain no allegations of errors of fact or law for appellate consideration. See July 2021 Veteran's statement. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. REASONS FOR REMAND 1. Entitlement to a disability rating in excess of 20 percent for right lower extremity peripheral neuropathy 2. Entitlement to a disability rating in excess of 20 percent for left lower extremity peripheral neuropathy Issues 1-2: In a June 2021 statement, the Veteran, through his attorney, asserted that his bilateral lower extremity peripheral neuropathy affects not only the peroneal nerve, but multiple nerves. The Board notes that based on the most recent October 2019 VA examination, it is unclear whether other nerves are affected as the examination report only referenced the peroneal nerve. Therefore, the Veteran should be provided an opportunity to report for a new VA examination to ascertain the current severity and manifestations of bilateral lower extremity peripheral neuropathy, to include determining which nerves are affected. 3. Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disability prior to September 7, 2012 Finally, because a decision on the issues of increased ratings for bilateral lower extremity peripheral neuropathy could significantly impact a decision on the issue of entitlement to TDIU prior to September 7, 2012, the issues are inextricably intertwined. A remand of the claim for TDIU is required. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from September 2021 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected for bilateral lower extremity peripheral neuropathy. 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, to include clearly identifying the nerves that are affected. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to TDIU prior to September 7, 2012. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Dean, 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.