Citation Nr: 22008075 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 14-41 778 DATE: February 11, 2022 ISSUES 1. Entitlement to service connection for major depressive disorder, to include as due to service-connected disabilities. 2. Entitlement to total disability based on individual unemployability due to service-connected disabilities (TDIU). REMANDED Entitlement to service connection for major depressive disorder, to include as due to service-connected disabilities is remanded. Entitlement to total disability based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from July 2010 to November 2011. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision, issued by a Department of Veterans Affairs (VA) Regional Office (RO) which denied entitlement to the benefits currently sought on appeal. By way of background, the Veteran filed a claim for entitlement to service connection for major depressive disorder (MDD), claiming it was "secondary to my service-connected left shoulder and right hip." The Veteran's claim was then denied in a rating decision from March 2017, and the Veteran filed a notice of disagreement (NOD) in August 2017. He was issued a statement of the case (SOC), and in March 2018 he filed a VA Form 9, appealing his claim to the Board. In this Form 9, he also requested a video conference hearing. The Veteran appeared before the undersigned Veterans Law Judge in a Travel Board hearing in July 2019, to present testimony on the issues on appeal. A transcript of the hearing has been associated with the Veteran's claims file. The Veteran's claims were then before the Board in November 2019, where entitlement to total disability based on individual unemployability due to service-connected disabilities (TDIU) had been raised as part and parcel of an underlying increased ratings claim. The increased ratings claim is no longer before the Board. See generally Roberson v. Principi, 251 F.3d 1378 (Fed. Cir. 2001); Rice v. Shinseki, 22 Vet. App. 447. The Board then remanded each issue for additional development and adjudication. The claims returned to the Board, but in March 2021 the Board again remanded the claims for further development and adjudication. Upon review of the Veteran's claim file, the Board finds that there has been substantial compliance with the Board's remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998); Barr v. Nicholson, 21 Vet. App. 303, 307 (2007). Entitlement to service connection for major depressive disorder, to include as due to service-connected disabilities; and entitlement to total disability based on individual unemployability due to service-connected disabilities (TDIU) are each remanded. To begin, it is unclear whether or not the Veteran wishes to withdraw the current claims on appeal. 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. § 20.204. Withdrawal may be made by the appellant or by his authorized representative. 38 C.F.R. § 20.204. A report of general information from October 2021 indicated that the Veteran "requested to have remand withdrawn." The Board's prior remand from March 2021 was referenced by date. The Veteran was "advised that he will need to send [it] in writing as well." A subsequent report of general information from December 2021 indicates that the Veteran was "contacted to ascertain if the Veteran was willing to report to their examination [because] ... the previous examinations need to be reconciled." The Veteran stated that he did not wish to attend any more examinations. He was informed that "if he no longer wanted to pursue this remand he would have to return in writing because we cannot take it over the phone." The Veteran stated that he understood, and that he would submit the withdrawal in writing the following day. No further correspondence has been received by the Veteran as to whether or not they wish to withdraw the current claims on appeal. Thus, while the Board has two records of correspondence indicating a desire to withdraw the current pending claims, the Board has not received written and signed correspondence from the Veteran confirming that intention. Considering the Board's Duty to Assist, the Board finds that further clarity is needed as to whether or not the Veteran wishes that his current claims on appeal be withdrawn. 38 C.F.R. § 20.204. The matters are REMANDED for the following action: 1. Send the Veteran and his Representative a clarification letter with regard to his wishes concerning the status of his claims for entitlement to service connection for major depressive disorder, to include as due to service-connected disabilities, and entitlement to total disability based on individual unemployability due to service-connected disabilities (TDIU). This must be responded to with specificity. If the Veteran wishes to withdraw his claim, he should specifically request this in writing. 2. If the Veteran does not wish to withdraw his claims, obtain all necessary documents to fully develop and substantiate his claims. After the Veteran and his Representative have had an adequate opportunity to respond, return the appeal to the Board for appellate review. Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Mulrain, 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.