Citation Nr: 22012152 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 17-10 159 DATE: March 2, 2022 ORDER Entitlement to service connection for an eye disability has been withdrawn and is dismissed. Entitlement to service connection for sleep apnea has been withdrawn and is dismissed. Entitlement to a rating in excess of 10 percent for a temporomandibular joint (TMJ) disability has been withdrawn and is dismissed. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) has been withdrawn and is dismissed. REMANDED Entitlement to special monthly compensation (SMC) based on the need for aid and attendance of another person or housebound status is remanded. FINDING OF FACT On December 6, 2021, prior to the promulgation of decisions in the appeals of service connection for eye and sleep apnea disabilities; a higher rating for a TMJ disability; and entitlement to TDIU, the Board received written notification from the appellant through the representative that withdrawals of those appeals were requested. CONCLUSION OF LAW The criteria for the withdrawal of the appeals for service connection for eye and sleep apnea disabilities; a higher rating for a TMJ disability; and entitlement to TDIU by the appellant through the representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION Withdrawal of Appeals 1. Entitlement to service connection for an eye disability 2. Entitlement to service connection for sleep apnea 3. Entitlement to a rating in excess of 10 percent for a TMJ disability 4. Entitlement to TDIU 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or the authorized representative. 38 C.F.R. § 19.55. The appellant, through the representative, has withdrawn the appeals for service connection for eye and sleep apnea disabilities; a higher rating for a TMJ disability; and entitlement to TDIU. There remain no allegations of errors of fact or law for appellate consideration regarding those issues. Accordingly, the Board does not have jurisdiction to review those appeals and they are dismissed. REASONS FOR REMAND Entitlement to SMC based on the need for aid and attendance of another person or housebound status The Veteran seeks an award of SMC based on a need for aid and attendance of another person. The Veteran's service-connected disabilities are a psychiatric disability, rated 70 percent; a TMJ disability, rated 10 percent; tinnitus, rated 10 percent; and a left great toe disability, rated at 0 percent. The Veteran claims that the service-connected disabilities leave her either housebound or in need of aid and attendance. Remand is necessary for an examination. The matter of entitlement to SMC is REMANDED for the following action: Schedule the Veteran for a VA aid and attendance examination. The examiner should review the claims file and should note that review in the report. The examiner should opine whether the Veteran's service-connected disabilities alone have resulted in an inability to dress or undress herself, keep herself ordinarily clean and presentable; frequently need adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid; inability to feed herself through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; incapacity, physical or mental, which requires care or assistance on a regular basis to protect her from hazards or dangers incident to her daily environment. A full rationale should be provided for any opinions expressed. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran is substantially confined as a direct result of service-connected disabilities to her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disabilities and resultant confinement will continue throughout her lifetime. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T.M. Gillett 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.