Citation Nr: 21027908 Decision Date: 05/07/21 Archive Date: 05/07/21 DOCKET NO. 15-31 282 DATE: May 7, 2021 ORDER The appeal as to the claim of entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed. The appeal as to the claim of entitlement to an initial rating in excess of 10 percent for right lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020 is dismissed. The appeal as to the claim of entitlement to a rating in excess of 20 percent for right lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020 is dismissed. The appeal as to the claim of entitlement to an initial rating in excess of 10 percent for left lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020 is dismissed. The appeal as to the claim of entitlement to a rating in excess of 20 percent for left lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020 is dismissed. The appeal as to the claim of entitlement to an initial compensable rating for erectile dysfunction is dismissed. The appeal as to the claim of entitlement to an initial compensable rating for bilateral diabetic retinopathy prior to February 5, 2021 is dismissed. The appeal as to the claim of entitlement to a rating in excess of 10 percent for bilateral diabetic retinopathy from February 5, 2021 is dismissed. The appeal as to the claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to December 7, 2020 is dismissed. The appeal as to the claim of entitlement to Dependents' Educational Assistance (DEA) prior to December 7, 2020 is dismissed. FINDINGS OF FACT 1. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to an initial rating in excess of 70 percent for PTSD. 2. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to an initial rating in excess of 10 percent for right lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020. 3. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to a rating in excess of 20 percent for right lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020. 4. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to an initial rating in excess of 10 percent for left lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020. 5. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to a rating in excess of 20 percent for left lower extremity peripheral neuropathy (sciatic nerve) from to December 7, 2020. 6. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to a compensable initial rating for erectile dysfunction. 7. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to a compensable initial rating for bilateral diabetic retinopathy prior to February 5, 2021. 8. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to a rating in excess of 10 percent for bilateral diabetic retinopathy from February 5, 2021. 9. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to a TDIU prior to December 7, 2020. 10. In April 2021 written correspondence, the Veteran withdrew the claim of entitlement to DEA prior to December 7, 2020. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim of entitlement to an initial rating in excess of 70 percent for PTSD are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the claim of entitlement to an initial rating in excess of 10 percent for right lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the claim of entitlement to a rating in excess of 20 percent for right lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the claim of entitlement to an initial rating in excess of 10 percent for left lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the claim of entitlement to a rating in excess of 20 percent for left lower extremity peripheral neuropathy (sciatic nerve) from to December 7, 2020 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the claim of entitlement to a compensable initial rating for erectile dysfunction are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for withdrawal of the claim of entitlement to a compensable initial rating for bilateral diabetic retinopathy prior to February 5, 2021 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 8. The criteria for withdrawal of the claim of entitlement to a rating in excess of 10 percent for bilateral diabetic retinopathy from February 5, 2021 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 9. The criteria for withdrawal of the claim of entitlement to a TDIU prior to December 7, 2020 are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 10. The criteria for withdrawal of the claim of entitlement to DEA prior to December 7, 2020 are 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 in the United States Air Force from February 1966 to December 1969. These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and were previously remanded by the Board in May 2020. A March 2021 rating decision assigned a 70 percent initial rating for PTSD; a 20 percent rating for right lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020; a 20 percent rating for left lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020; a 10 percent rating for bilateral diabetic retinopathy from February 15, 2021; and DEA from December 7, 2020. The grant of these increased ratings also established a 100 percent combined rating for the Veteran from December 7, 2020. As the rating periods regarding the issues of PTSD, peripheral neuropathy of the right and left lower extremities (sciatic nerves) prior to December 7, 2020, and bilateral diabetic retinopathy prior to February 5, 2021 and from February 5, 2021 are not the maximum allowable, the issues remain on appeal. AB. v. Brown, 6 Vet. App. 35 (1993). Further, the increased rating claims as to PTSD, peripheral neuropathy, and bilateral diabetic retinopathy were received on April 13, 2011. Therefore, the intervening period still remains on appeal. See Rice v. Shinseki, 22 Vet. App. 447 (2009) (where there is evidence of unemployability raised by the record during a rating appeal period, the TDIU is an element of an initial rating or increased rating). See also Harper v. Wilkie, 30 Vet. App. 356 (2018) (once the issue of TDIU has been raised in an initial rating or increased rating claim, the Board has jurisdiction over the TDIU issue for the entire appeal period of the underlying disability rating). Thus, the claims of entitlement to a TDIU prior to December 7, 2020 and DEA prior to December 7, 2020 remain on appeal. Withdrawn Appeals In April 2021 written correspondence, the Veteran indicated that he wished to withdraw his appeals as to the claims of entitlement to an initial rating in excess of 70 percent for PTSD; an initial rating in excess of 10 percent for right lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020; a rating in excess of 20 percent for right lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020; an initial rating in excess of 10 percent for left lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020; a rating in excess of 20 percent for left lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020; a compensable initial rating for erectile dysfunction; a compensable initial rating for bilateral diabetic retinopathy prior to February 5, 2021; a rating in excess of 10 percent for bilateral diabetic retinopathy from February 5, 2021; a TDIU prior to December 7, 2020; and DEA prior to December 7, 2020. Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn in writing or during a hearing at any time before the Board promulgates a decision. Withdrawal may be made by the claimant or by his or her authorized representative. 38 C.F.R. § 19.55. The Veteran withdrew his appeals regarding the above-mentioned issues in writing in April 2021, and there remains no allegation of errors of fact or law for appellate consideration. As such, the Board does not have jurisdiction to review these claims. Thus, the appeals as to the claims of entitlement to an initial rating in excess of 70 percent for PTSD; an initial rating in excess of 10 percent for right lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020; a rating in excess of 20 percent for right lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020; an initial rating in excess of 10 percent for left lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020; a rating in excess of 20 percent for left lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020; a compensable initial rating for erectile dysfunction; a compensable initial rating for bilateral diabetic retinopathy prior to February 5, 2021; a disability rating in excess of 10 percent for bilateral diabetic retinopathy from February 5, 2021; a TDIU prior to December 7, 2020; and DEA prior to December 7, 2020 are dismissed. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Houle, 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.