Citation Nr: 21070602 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 15-31 479A DATE: November 24, 2021 ORDER Entitlement to a compensable rating for erectile dysfunction is dismissed. Entitlement to a compensable rating for multiple fragment wounds of the buttocks is dismissed. REMANDED Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a rating in excess of 40 percent for residuals of prostate cancer is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. FINDING OF FACT During a February 2021 hearing, the Veteran withdrew the issues of entitlement to compensable ratings for erectile dysfunction and multiple fragment wounds of the buttocks. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to a compensable rating for erectile dysfunction are met. 38 C.F.R. § 38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020). 2. The criteria for withdrawal of the issue of entitlement to a compensable rating for multiple fragment wounds of the buttocks are met. 38 C.F.R. § 38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran had active service from December 1967 to December 1969, and from August 1972 to August 1976. This case comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In February 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Withdrawn Issues Erectile Dysfunction and Fragment Wounds The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn, by the appellant or his or her authorized representative, as to any or all issues involved in the appeal at any time before the Board promulgates a decision.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. In February 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. At that time, he confirmed that he wanted to withdraw his appeal of the issues of entitlement to compensable ratings for erectile dysfunction and multiple fragment wounds of the buttocks. As such, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review those issues on appeal, and they are dismissed. REASONS FOR REMAND The Board finds that additional development is necessary before the remaining claims on appeal are decided. During the February 2021 Board hearing, the Veteran stated that his service-connected PTSD and residuals of prostate cancer had worsened since he was last examined in June 2012. Although he submitted reports of private evaluations dated in July 2019, December 2019, and June 2021, which indicated an increase in the severity of his symptoms, it is unclear when those symptoms began. The claims file includes VA treatment records dated only through June 2015, and those records indicate milder symptomatology than reported during the private evaluations. Therefore, the Board finds that a remand is necessary to obtain updated VA treatment records. The Veteran also reported that he receives treatment for the residuals of his prostate cancer from a private physician; however, those records have not been associated with the claims file. Therefore, on remand, an attempt should also be made to obtain them. In addition, given the evidence of worsening symptomatology, the Board finds that a remand is necessary for additional VA examinations. Finally, the Board finds the issue of entitlement to TDIU inextricably intertwined with the claims remanded herein. See Henderson v. West, 12 Vet. App. 11, 20 (1998). Action on that issue is therefore deferred. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file, to specifically include VA treatment records dated since June 2015 and private treatment records from the physician who has treated the Veteran for residuals of prostate cancer. 2. Then, schedule the Veteran for an appropriate VA examination to determine the current level of severity of all impairment resulting from his service-connected PTSD. The claims file must be made available to and reviewed by the examiner. All indicated tests should be performed and all findings should be reported in detail. The examiner should provide all information required for rating purposes and describe the effects of the service-connected disability on the Veteran's ordinary activity, including his ability to work. 3. Then, schedule the Veteran for an appropriate VA examination to determine the current level of severity of all impairment resulting from his service-connected residuals of prostate cancer. The claims file must be made available to and reviewed by the examiner. All indicated tests should be performed and all findings should be reported in detail. The examiner should provide all information required for rating purposes and describe the effects of the service-connected disability on the Veteran's ordinary activity, including his ability to work. 4. Confirm that the VA examination reports and all opinions provided comport with this remand and undertake any other development found to be warranted. 5. Then, readjudicate the issues remaining on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Mishalanie, 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.