Citation Nr: 21041311 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 16-61 659 DATE: July 8, 2021 ORDER Entitlement to a compensable initial disability rating for hypertension is dismissed. Entitlement to a compensable initial disability rating for allergic rhinitis is dismissed. Entitlement to service connection for a low back disorder is dismissed. Entitlement to service connection for shin splints of the left leg is dismissed. Entitlement to service connection for shin splints of the right leg is dismissed. REMANDED Entitlement to an initial rating greater than 30 percent for posttraumatic stress disorder (PTSD) is remanded. FINDINGS OF FACT 1. On May 20, 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, notified VA that he wished to withdraw the issue of entitlement to a compensable initial disability rating for hypertension. 2. On May 20, 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, notified VA that he wished to withdraw the issue of entitlement to a compensable initial disability rating for allergic rhinitis. 3. On May 20, 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, notified VA that he wished to withdraw the issue of entitlement to service connection for a low back disorder. 4. On March 27, 2018, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, notified VA that he wished to withdraw the issue of entitlement to service connection for shin splints of the left leg. 5. On March 27, 2018, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, notified VA that he wished to withdraw the issue of entitlement to service connection for shin splints of the right leg. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to a compensable initial disability rating for hypertension have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of entitlement to a compensable initial disability rating for allergic rhinitis have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the issue of entitlement to service connection for a low back disorder have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the issue of entitlement to service connection for shin splints of the left leg have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the issue of entitlement to service connection for shin splints of the right leg have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty service in the United States Air Force from September 2006 to June 2015. The Veteran testified at a hearing before the undersigned Veterans Law Judge in May 2021. A transcript of that hearing is associated with the claims file. Entitlement to a compensable initial disability rating for hypertension; entitlement to a compensable initial disability rating for allergic rhinitis; entitlement to service connection for a low back disorder; entitlement to service connection for shin splints of the left leg; and entitlement to service connection for shin splints of the right leg 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. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. On March 27, 2018, the Veteran withdrew his appeal of the issues of entitlement to service connection for shin splints of the left leg and shin splints of the right leg. On May 20, 2021, the Veteran withdrew his appeal of the issues of entitlement to a compensable initial rating for hypertension, entitlement to a compensable initial rating for allergic rhinitis, and entitlement to service connection for a low back disorder. The Board finds that the Veteran's withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action. See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018). Thus, as the Veteran has withdrawn his appeal as to entitlement to service connection for shin splints of the right and left legs, entitlement to a compensable initial rating for hypertension, entitlement to a compensable initial rating for allergic rhinitis, and entitlement to service connection for a low back disorder, there remain no allegations of errors of fact or law for appellate consideration with regard to these issues. Accordingly, the Board does not have jurisdiction to review the appeal of these issues and they are dismissed. REASONS FOR REMAND Entitlement to an initial rating greater than 30 percent for PTSD is remanded. Review of the claims file reflects that the Veteran last underwent a VA examination assessing the severity of his PTSD in October 2016, over four years ago. In May 2018, he submitted a private psychiatric examination addressing the severity of his PTSD symptoms. During his May 2021 hearing before the Board, the Veteran testified that his PTSD symptoms have worsened in severity since both the October 2016 VA examination and the May 2018 private examination. Accordingly, the Veteran should be provided with a new VA examination to assess the current severity of his PTSD. Palczewski v. Nicholson, 21 Vet. App. 174 (2007); see also 38 C.F.R. § 3.326(a). The matters are REMANDED for the following action: Schedule the Veteran for a comprehensive VA psychiatric examination to determine the current severity of the Veteran's PTSD. The evidence of record, in the form of electronic records, and any additional VA treatment or evaluation records in digital formats must be made available to the examiner, and the examiner must specify in the examination report that these records have been reviewed. The examiner must provide fully descriptive assessments of all psychiatric symptoms. The examiner must comment on the presence or absence, and the frequency, severity, and duration of symptoms due to PTSD and discuss the effects of those symptoms on the Veteran's occupational and social functioning. The examiner must also conduct a mental status examination. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Katz, 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.