Citation Nr: 21075567 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 19-31 992 DATE: December 20, 2021 ORDER The claim for rating left lower extremity sciatic nerve peripheral neuropathy in excess of 10 percent is dismissed. The claim for rating right lower extremity sciatic nerve peripheral neuropathy in excess of 10 percent is dismissed. The claim for rating bilateral hearing loss in excess of 10 percent is dismissed. The claim for service connection for right eye condition is dismissed. The claim for service connection for left upper extremity peripheral neuropathy is dismissed. The claim for service connection right upper extremity peripheral neuropathy is dismissed. REMANDED The claim for rating post-traumatic stress disorder (PTSD) in excess of 50 percent is remanded. The claim for a total disability rating due to individual unemployability (TDIU) rating is remanded. FINDING OF FACT At the December 2021 Board hearing, the Veteran knowing and timely withdrew his claims for increased ratings for bilateral lower extremity neuropathy and for bilateral hearing loss, and his claims for service connection for right eye condition and for bilateral upper extremity peripheral neuropathy. CONCLUSION OF LAW The criteria for the dismissal of the claims for bilateral lower extremity peripheral neuropathy in excess of 10 percent per each extremity, for bilateral hearing loss in excess of 10 percent, for service connection for right eye condition, and for service connection for bilateral upper extremity peripheral neuropathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran honorably served on active duty from May 1969 to May 1971, to include his combat tour in the Republic of Vietnam from October 1969 to October 1970. In an August 2016 rating decision, the Regional Office (RO) granted service connection for bilateral lower extremity peripheral neuropathy evaluated at 10 percent per each extremity, bilateral hearing loss evaluated as noncompensable, and denied service connection for bilateral upper extremity peripheral neuropathy and right eye condition (claimed as right eye refractive amblyopia). The Veteran appealed. In an October 2019 rating decision, the RO granted a rating increase for bilateral hearing loss from noncompensable to 10 percent. In December 2021, the Veteran testified at a Board hearing. At the hearing, the Veteran expressed his understanding that the withdrawal of any claims will foreclose his appeal as to those claims and then requested to withdraw his appeal of the aforesaid issues, which he may do at any time before the Board promulgates its final decision. See 38 C.F.R. § 19.55. Accordingly, the Veteran's withdrawal request is granted. By implication, no allegation of error of fact or law as to the withdrawn issues remains for the Board to decide. In such circumstances, the Board no longer has jurisdiction to further review the withdrawn claims for rating bilateral lower extremity peripheral neuropathy in excess of 10 percent per each extremity, rating bilateral hearing loss in excess of 10 percent, service connection for bilateral upper extremity peripheral neuropathy, and service connection for right eye condition. 38 U.S.C. § 7105. To that extent the appeal is dismissed. REASONS FOR REMAND In a May 2017 rating decision, the Regional Office (RO) denied the Veteran's claim for a rating for PTSD in excess of 50 percent and for a TDIU. The Veteran appealed. At the December 2021 Board hearing, the Veteran testified that he had told the examiner that he was not suicidal, however, without realizing that "suicidal ideation" includes passive thoughts of death. Given that the suicidal ideation alone may form the basis for rating PTSD in excess of 50 percent, while the rating for mental disorders is ultimately assigned based on the resulting functional impairment in social and occupational spheres, rather than being based on the presence of any specific symptomatology, the Board finds that a supplemental mental health evaluation is necessary to decide the claim. Further given that the claim for a TDIU rating is inextricably intertwined with the claim for an increased rating for PTSD, both claims must be decided together. (Continued on next page) Accordingly, the matters are REMANDED for the following action: Schedule the Veteran for an evaluation of the severity levels of his PTSD. The examiner should consider and expressly discuss the Veteran's report of suicidal ideation. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Alex Bardin, Associate 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.