Citation Nr: 21006647 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 17-38 978 DATE: February 4, 2021 ORDER Entitlement to service connection for a back disability has been withdrawn. Entitlement to service connection for a right shoulder disability has been withdrawn. REMANDED Entitlement to an initial increased rating in excess of 70 percent for persistent depressive disorder is remanded. FINDINGS OF FACT 1. In February 2020, prior to the promulgation of a decision in the appeal, the Veteran notified VA that a withdrawal is requested for his claim of entitlement to service connection for a back disability. 2. In February 2020, prior to the promulgation of a decision in the appeal, the Veteran notified VA that a withdrawal is requested for his claim of entitlement to service connection for a right shoulder disability. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to service connection for a back disability by his authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to service connection for a right shoulder disability by his authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1976 to June 1977. These matters come before the Board of Veterans’ Appeals (Board) from a July 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a February 2020 Board hearing before the undersigned. A transcript is of record. Entitlement to service connection for a back disability and a right shoulder disability The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 1955. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 1955. At his February 2020 Board hearing, through his representative, the Veteran withdrew his claims of service connection for back and right shoulder disabilities. Accordingly, the Veteran has withdrawn his claim of entitlement to service connection for back and right shoulder disabilities. Hence, there remain no allegations of errors of fact or law for appellate consideration of these issues. Accordingly, the Board does not have jurisdiction to review the issues, and they are dismissed. REASONS FOR REMAND Entitlement to an initial increased rating in excess of 70 percent for a persistent depressive disorder is remanded. The Board finds an additional examination is needed to obtain the current severity of the Veteran’s persistent depressive disorder. The record reflects the Veteran last underwent VA examination in July 2016. Remand is necessary to determine the current severity of the Veteran’s disability. While the mere passage of time since the last VA examination does not, in and of itself, warrant additional development, the Board finds that the examination is too remote to be considered a contemporaneous medical examination sufficient to ascertain the current level of disability. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991); Caffrey v. Brown, 6 Vet. App. 377 (1994); Palczewski v. Nicholson, 21 Vet. App. 174 (2007). Additonally, the Veteran stated he currently receives mental health treatment from the VA medical center in East Northport, New York. The record reflects treatment records from Northport VA medical center dated through 2017. On remand, updated treatment records from the Northport VA medical center should be retrieved. The matter is REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from May 2017 to the Present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected persistent depressive disorder. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected persistent depressive disorder alone. 3. If any of the benefits sought on appeal are denied, the Veteran and his attorney should be provided a supplemental statement of the case. An appropriate period of time should be allowed for response before the case is returned to the Board. C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. McDuffie, 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.