Citation Nr: 21069558 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 20-03 288 DATE: November 18, 2021 ORDER The issue of entitlement to an effective date prior to July 27, 2015 for the grant of service connection for an unspecified depressive disorder is dismissed. REMANDED The issue of service connection for human immunodeficiency virus (HIV) is remanded. The issue of service connection for a right hip disability is remanded. The issue of service connection for a left hip disability is remanded. The issue of service connection for cancer of the rectum is remanded. The issue of service connection for residuals of myocardial infarctions, also claimed as a heart condition, is remanded. FINDING OF FACT During his May 2021 hearing, the Veteran expressly and unambiguously withdrew his appeal of the issue of entitlement to an earlier effective date for the grant of service connection for an unspecified depressive disorder with full understanding of the consequences of such action. CONCLUSION OF LAW The criteria for withdrawal of the issue of entitlement to an earlier effective date for the grant of service connection for an unspecified depressive disorder 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 January 1985 to May 1985. This matter comes before the Board of Veterans' Appeals (Board) from a February 2016 rating decision from a Department of Veterans Affairs (VA) regional office (RO). The February 2016 rating decision adjudicated the additional issues of entitlement to an increased rating for an unspecified depressive disorder, entitlement to a total disability rating based on individual unemployment, and entitlement to a temporary total rating. The Veteran withdrew these issues from the legacy appeals system using a VA Form 10182 to place them under the Appeals Modernization Act appeals framework. Those issues will be addressed in a separate Board decision. In May 2021, the Veteran had a hearing and testified before the undersigned Veterans' Law Judge (VLJ). A transcript of that hearing has been associated with the claims folder. The issue of an effective date prior to July 27, 2015 for the grant of service connection for an unspecified depressive disorder is dismissed. During his May 2021 Board hearing, the Veteran explicitly and unambiguously withdrew his appeal of the effective date for the grant of service connection for an unspecified depressive disorder with full understanding of the consequences of such action. The Board finds that there remain no allegations of errors of fact or law for appellate consideration with respect to this issue. Accordingly, as the Board has no further jurisdiction to review an appeal on this matter, it is dismissed. REASONS FOR REMAND 1. The issue of service connection for HIV is remanded. 2. The issue of service connection for a right hip disability is remanded. 3. The issue of service connection for a left hip disability is remanded. 4. The issue of service connection for cancer of the rectum is remanded. 5. The issue of service connection for residuals of myocardial infarctions is remanded. The matters are REMANDED for the following action: 1. BACKGROUND FOR THE ADJUDICATOR: VA has not satisfied its duty to assist the Veteran in obtaining relevant federal and private medical records. The Veteran indicated that he may have received an HIV diagnosis in 1985 at the Shelby County Health Department. These records are not in the claims folder and no attempt has been made to obtain them. A remand is necessary to assist the Veteran in obtaining the records from the Shelby County Health Department. The Veteran also indicated he had a myocardial infarction within one year of his service and was treated at Methodist Hospital. Although some records from Methodist Hosptial are of record, these are limited to those obtained by the Social Security Administration (SSA). These records do not date back to within one year of the Veteran's service. Therefore a remand is necessary to assist the Veteran in obtaining the complete records from Methodist Hospital. The Veteran indicated he was treated by Regional One Health since January 1985. However the records obtained from Regional One Health only date back to 1991. The attached response to VA's records request did not select whether the records provided were all the available records. An additional attempt to obtain the records from 1985 to 1991 was not made. Therefore, a remand is necessary to obtain any outstanding records from Regional One Health. THE REMAND DIRECTIVES FOLLOW. 2. Ask the Veteran to complete a VA Form 21-4142 for Shelby County Health Department, Methodist Hospital, and Regional One Health. Request all available records since January 1985. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. (CONTINUED ON THE NEXT PAGE) 3. Thereafter, readjudicate the issues on appeal. If the determination remains unfavorable to the Veteran, he and his representative should be furnished a supplemental statement of the case which addresses all evidence associated with the claims file since the last statement of the case. The Veteran and his representative should be afforded the applicable time period in which to respond. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Reed, Counsel The Board's decision is only binding on this case. This action is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.