Citation Nr: 21074366 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 18-55 434 DATE: December 15, 2021 ORDER The appeal seeking entitlement to service connection for residuals of gallbladder removal is dismissed. The appeal seeking a disability rating in excess of 70 percent prior to September 18, 2020 for service-connected posttraumatic stress disorder (PTSD) with major depressive disorder is dismissed. The appeal seeking to establish the 70 percent rating assigned for service-connected PTSD with major depressive disorder as a static condition without the need for a future examination is dismissed. The appeal seeking a compensable disability rating for service-connected gastroesophageal reflux disease (GERD) is dismissed. The appeal seeking a compensable disability rating for service-connected erectile dysfunction is dismissed. The appeal seeking an effective date earlier than July 12, 2016 for the award of service connection for erectile dysfunction is dismissed. The appeal seeking an effective date earlier than July 12, 2016 for the award of special monthly compensation (SMC) based on the loss of use of a creative organ is dismissed. The appeal seeking a higher rate for the award of SMC based on the loss of use of a creative organ is dismissed. The appeal seeking entitlement to a total disability rating for individual unemployability due to service-connected disabilities (TDIU) prior to August 1, 2018 is dismissed. FINDING OF FACT On June 14, 2021, prior to the promulgation of a decision in the appeal, the Board received explicit and unambiguous notification from the Veteran that he sought to withdraw his claims of entitlement to service connection for residuals of gallbladder removal, entitlement to a disability rating in excess of 70 percent prior to September 18, 2020 for service-connected PTSD with major depressive disorder, entitlement to a compensable disability rating for GERD, entitlement to a compensable disability rating for service-connected erectile dysfunction, entitlement to effective dates earlier than July 12, 2016 for the award of service connection for erectile dysfunction and SMC based on the loss of use of a creative organ, entitlement to a higher rate for the award of SMC based on the loss of use of a creative organ, and entitlement to a TDIU prior to August 1, 2018. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to service connection for residuals of gallbladder removal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of entitlement to a disability rating in excess of 70 percent prior to September 18, 2020 for service-connected PTSD with major depressive disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the issue to establish the 70 percent rating assigned for service-connected PTSD with major depressive disorder as a static condition without the need for a future examination have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the issue of entitlement to a compensable disability rating for service-connected GERD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the issue of entitlement to a compensable disability rating for service-connected erectile dysfunction have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the issue of entitlement to an effective date earlier than July 12, 2016 for the award of service connection for erectile dysfunction have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for withdrawal of the issue of entitlement to an effective date earlier than July 12, 2016 for the awards of SMC based on the loss of use of a creative organ have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 8. The criteria for withdrawal of the issue of entitlement to a higher rate for the award of SMC based on the loss of use of a creative organ have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 9. The criteria for withdrawal of the issue of entitlement to a TDIU prior to August 1, 2018 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from August 2003 to May 2007. These matters are before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO) in November 2016, May 2017, August 2017, September 2018, and November 2018. Regarding the increased rating claim for PTSD with major depressive disorder, the Board notes that in an October 2020 rating decision, the Veteran was granted a 100 percent disability rating, effective September 18, 2020. Accordingly, only the period prior to September 18, 2020, for that issue remains on appeal. Regarding the claim for TDIU, following the initial denial of that benefit, in a January 2020 rating decision, the Veteran was granted entitlement to TDIU, effective August 1, 2018. He was also issued a concurrent statement of the case that addressed the issue of entitlement to a TDIU prior to August 1, 2018. The Veteran then perfected an appeal of that issue under the Legacy system by filing a VA Form 9, substantive appeal, that was received in March 2020. Thereafter, in February 2021, the Veteran's then-representative filed a VA Form 10182, Notice of Disagreement, in which she requested review of the January 2020 rating decision and the effective date assigned for the award of TDIU. The representative stated that the Veteran was "filing this appeal strictly out of an abundance of caution. It is counsel's belief that the issue of entitlement to an earlier effective date prior to August 1, 2018, for entitlement to [TDIU] is already pending on appeal at the Board in the legacy appeals system." Indeed, as noted, the Veteran had already perfected an appeal for this issue in the Legacy appeals system when he filed his VA Form 9, substantive appeal, in March 2020. For that reason, although the Veteran was originally notified in March 2021 that an appeal had been docketed at the Board in the modernized review system created by the Appeals Modernization Act (AMA), in a letter issued in December 2021, the Veteran was advised that this letter was the result of administrative error. The Veteran does not have an appeal pending under the modernized review system for the issue of entitlement to a TDIU prior to August 1, 2018. Withdrawal 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 authorized representative. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the Veteran, the name of the claimant or appellant if other than the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issues withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the Agency of Original Jurisdiction (AOJ). 38 C.F.R. § 19.55(b)(3). In June 2021, the Veteran submitted an Appeals Satisfaction Notice notifying the AOJ that he had received recent correspondence regarding the decision to grant one or more of his issues on appeal and based on the decision rendered, he was satisfied. On the same day, the Veteran submitted a statement which requested the withdraw of all pending appeals. Specifically, the Veteran stated, "I am requesting that the [Board] permanently dismiss all of my pending appeals. I do not wish to continue to pursue any of my [Board] appeals." The withdrawal is in writing and contains the Veteran's name, VA file number, and a statement indicating that the Veteran wished to withdraw his claims on appeal in their entirety. 38 C.F.R. § 19.55(b)(1). Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals of the matters seeking entitlement to service connection for residuals of gallbladder removal, entitlement to a disability rating in excess of 70 percent prior to September 18, 2020 for service-connected PTSD with major depressive disorder, entitlement to establishment of the 70 percent rating assigned for service-connected PTSD with major depressive disorder as a static condition without the need for a future examination, entitlement to a compensable disability rating for GERD, entitlement to a compensable disability rating for service-connected erectile dysfunction, entitlement to an effective date earlier than July 12, 2016 for the award of service connection for erectile dysfunction, entitlement to an effective date earlier than July 12, 2016 for the award of SMC based on the loss of use of a creative organ, entitlement to a higher rate for the award of SMC based on the loss of use of a creative organ, and entitlement to a TDIU prior to August 1, 2018, and they are dismissed. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Churchwell, 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.