12-06 162, 12-06 162

Veteran served on active duty in the U.S. Air Force from March 1975 to November 1976.
Appeal arises from a November 2010 RO rating decision; relevant issues include right hip degenerative arthritis (snapping iliotibial band) and entitlement to TDIU arising from a November 2015 rating decision denial.
The Board previously remanded the hip-rating issue in October 2015 and May 2017 for further development.
In September 2017, Veteran’s attorney submitted an Appeals Satisfaction Notice asking to withdraw remaining issues in the appeal, including the hip-rating increase claim.
Veteran timely filed a Notice of Disagreement in September 2016 regarding the November 2015 denial of TDIU; however, the RO has not yet issued a Statement of the Case (SOC) or afforded an opportunity to perfect the TDIU appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal for a rating in excess of 20% for right hip degenerative arthritis is before the Board	Veteran sought review of hip rating increase but later indicated satisfaction and withdrawal of remaining issues	VA does not oppose dismissal where the appellant withdraws the appeal	Dismissed — appeal withdrawn by the Veteran (no jurisdiction to decide merit)
Whether the Board should address TDIU denial despite no SOC issued after the Veteran's NOD	Veteran wants to pursue TDIU; filed NOD (Sept 2016) challenging Nov 2015 denial	VA had acknowledged NOD but had not issued SOC; Board lacks basis to adjudicate until SOC and opportunity to perfect are provided	Remanded to AOJ for issuance of SOC and to afford the Veteran chance to perfect the appeal (do not return to Board unless perfected)

Manlincon v. West, 12 Vet. App. 238 (1999) (SOC issuance required before Board adjudication when RO has acknowledged an NOD)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant may submit additional evidence and argument on remand)