Citation Nr: 21075073 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 16-16 594 DATE: December 17, 2021 ORDER Entitlement to service connection for loss of teeth is dismissed. Entitlement to service connection for facial muscle damage is dismissed. REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. FINDING OF FACT In a November 2021 letter, the representative stated that the Veteran withdrew his service connection claims for loss of teeth and facial muscle damage. CONCLUSIONS OF LAW 1. The criteria for a withdrawal of the Veteran's substantive appeal have been met as to his claim of entitlement to service connection for loss of teeth. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 2. The criteria for a withdrawal of the Veteran's substantive appeal have been met as to his claim of entitlement to service connection for facial muscle damage. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from May 1967 to May 1969 and from April 1970 to December 1971. This matter is before the Board of Veterans' Appeals (Board) on appeal from October 2014 (TDIU), and March 2017 (service connection facial muscle damage and loss of teeth) rating decisions by a Department of Veterans Affairs Regional Office (RO). In May 2019, the Veteran testified at a hearing before the undersigned. A copy of the transcript of that hearing has been associated with the claims file. In a November 2019 decision, the Board denied the claims on appeal. The Veteran appealed the Board's decision to the U.S. Court of Appeals for Veterans Claims (Court). In an October 2020 Order, the Court vacated the Board's November 2019 decision and remanded for readjudication in compliance with the Joint Motion for Remand (JMR). In pertinent part, with regard to the claim for TDIU, the Court found the Board erred by not addressing the Veteran's lay statements that his service-connected scars were very painful and made it difficult for him to walk. Withdraw of Appeal Loss of Teeth, Facial Muscle Damage The Board notes that a substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 38 C.F.R. § 19.55(a). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing and meet certain requirements set forth by regulation. They must include the name of the appellant, the applicable file number, and a statement that the appeal is being withdrawn. 38 C.F.R. § 19.55(b)(1). A March 2017 rating decision denied the service connection claims for loss of teeth and facial muscle damage. The Veteran perfected his appeal of those claims in February 2018. In a November 2021 letter, the representative stated the Veteran was withdrawing his service connection claims for loss of teeth and facial muscle damage. The Board accordingly finds that the request to withdraw these claims qualifies as valid withdrawals. See 38 C.F.R. § 19.5. Accordingly, there remain no allegations of error of fact or law for appellate consideration as to these issues and they are dismissed. REASONS FOR REMAND TDIU In a May 2021 letter, the representative stated that updated VA medical records would provide information regarding the severity of the service-connected disabilities, and the impact those disabilities had on his employability. In a November 2021 letter, the representative noted that up-to-date VA medical records had been obtained and were being uploaded to the Veteran's claims file. Additionally, in November 2021, the Veteran submitted an October 2021 employability opinion letter issued by Dr. Cesta. That letter cited medical treatment records dated in February 2020. The Veteran also reported worsening PTSD symptoms. However, a review of the claims file shows that updated VA medical records have not been associated with the file. Instead, the most recent VA medical record associated with the claims file is dated September 2018. Accordingly, in order to properly adjudicate this issue on appeal, the Board finds that efforts should be made to obtain and associate with the claims file updated VA medical records. The matter is REMANDED for the following action: 1. With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from his VA treatment facilities, including records dating from September 2018, and all private treatment records not already associated with the file. 2. Following step 1 above, VA should conduct any further development deemed necessary. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Lamb, 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.