Citation Nr: 22015346 Decision Date: 03/17/22 Archive Date: 03/17/22 DOCKET NO. 19-35 363 DATE: March 17, 2022 ORDER Entitlement to a rating in excess of 30 percent for carpal tunnel syndrome (CTS) of the right wrist is dismissed since withdrawn. Entitlement to a rating in excess of 20 percent for CTS of the left wrist is dismissed since withdrawn. Entitlement to service connection for a right shoulder disability is dismissed since withdrawn. Entitlement to service connection for a left shoulder disability is dismissed since withdrawn. Entitlement to service connection for voiding dysfunction is dismissed since withdrawn. Entitlement to service connection for a right elbow disability is dismissed since withdrawn. Entitlement to service connection for a left elbow disability is dismissed since withdrawn. Entitlement to service connection for degenerative joint disease (DJD), i.e., arthritis of the thoracolumbar spine is dismissed since withdrawn. Entitlement to service connection for peripheral neuropathy of the right lower extremity is dismissed since withdrawn. Entitlement to service connection for peripheral neuropathy of the left lower extremity is dismissed since withdrawn. But entitlement to service connection for erectile dysfunction (ED), including as secondary to medications taken for treatment of service-connected posttraumatic stress disorder (PTSD) with major depressive disorder (MDD), is granted. FINDINGS OF FACT 1. In an April 2021 written communication to VA, so prior to the promulgation of a decision in this appeal, the Veteran withdrew his claims for increased ratings for the CTS of his wrists and for service connection for bilateral shoulder disability, voiding dysfunction, bilateral elbow disability, DJD (arthritis) of his thoracolumbar spine, and peripheral neuropathy of his lower extremities. He more recently reiterated the withdrawal of these several claims in a September 2021 statement. 2. His ED is caused or, at the very least, aggravated by medications prescribed for treatment of his service-connected PTSD with MDD. CONCLUSIONS OF LAW 1. The criteria are met for withdrawal of the claims for higher ratings for the CTS of the wrists and for service connection for bilateral shoulder disability, voiding dysfunction, bilateral elbow disability, DJD (arthritis) of the thoracolumbar spine, and peripheral neuropathy of the lower extremities. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. However, the criteria also are met for entitlement to service connection for ED as secondary to the service-connected PTSD with MDD. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1990 to January 1997. This appeal to the Board of Veterans' Appeals (Board) is from an August 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which is the Agency of Original Jurisdiction (AOJ). The Veteran since has withdrawn his appeal for higher ratings for the CTS of his wrists and for service connection for bilateral shoulder disability, voiding dysfunction, bilateral elbow disability, DJD (arthritis) of his thoracolumbar spine, and peripheral neuropathy of his lower extremities. So, the Board is summarily dismissing these several claims. However, the Veteran has continued to appeal for service connection for his ED, and he testified in support of this remaining claim during a "virtual" teleconference hearing in October 2021 before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is of record. Withdrawn Claims 1. Entitlement to a rating higher than 30 percent for right wrist CTS 2. Entitlement to a rating higher than 20 percent for left wrist CTS 3. Entitlement to service connection for a right shoulder disability 4. Entitlement to service connection for a left shoulder disability 5. Entitlement to service connection for voiding dysfunction 6. Entitlement to service connection for a right elbow disability 7. Entitlement to service connection for a left elbow disability 8. Entitlement to service connection for DJD (arthritis) of the thoracolumbar spine 9. Entitlement to service connection for peripheral neuropathy of the right lower extremity 10. Entitlement to service connection for peripheral neuropathy of the left lower extremity The Board may dismiss any appeal that 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 by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. As already alluded to, in an April 2021 written statement to VA the Veteran withdrew these several claims. He more recently reiterated the withdrawal of these several claims in a September 2021 written statement to VA. And he additionally confirmed on the record during his October 2021 hearing before this Board that he is withdrawing his appeal of these several claims. Hence, there remains no allegation of errors of fact or law for appellate consideration concerning these claims. Accordingly, the Board does not have jurisdiction to review the appeal of these claims, and they are summarily dismissed. Service Connection 11. Entitlement to service connection for ED, including as secondary to medications taken for treatment of service-connected PTSD with MDD The Veteran asserts that medication prescribed for treatment of his service-connected mental disorder (PTSD with MDD) causes his ED or, at the very least, aggravates it. Service connection may be granted on this alleged secondary basis for disability that is caused or aggravated by a service-connected disability. 38 C.F.R. § 3.310. See also Allen v. Brown, 7 Vet. App. 439, 448 (1995). A May 2018 VA treatment record confirms prescription of venlafaxine (Effexor) for treatment of the Veteran's service-connected PTSD with MDD. An April 2021 VA treatment record confirms he has ED, and that trazodone also has been prescribed for treatment of his service-connected PTSD with MDD. In April 2021, to establish the required correlation between his ED and the prescription of those medications for treatment of his service-connected mental disorder (PTSD with MDD), the Veteran submitted a written statement from his treating VA physician, Dr. A.K., who affirmed that various medications have been prescribed for treatment of the Veteran's service-connected PTSD with MDD and that he has had symptoms of ED since he started taking these medications. Dr. A.K. added the Veteran's symptoms of ED are more likely than not related to his treatment of his service-connected PTSD with MDD. During his October 2021 hearing before this Board, the Veteran continued to maintain that his ED had onset around the time he started taking these prescribed medications (trazodone and Effexor) for treatment of his service-connected PTSD with MDD, and he believes this is not just coincidental. The medical and other evidence supporting this posited correlation certainly is as probative (meaning as competent and credible) as any evidence conversely against this notion, indeed, if not more probative. And, in this circumstance, the claim is granted rather than denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102, See also Lynch v. McDonough, 999 F.3d 1391 (2021); Ortiz v. Principi, 274 F.3d 1361 (Fed. Cir. 2001). KEITH W. ALLEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Pak 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.