Citation Nr: 18146064 Decision Date: 10/30/18 Archive Date: 10/30/18 DOCKET NO. 14-16 782 DATE: October 30, 2018 REMAMDED ISSUES Entitlement to service connection for a bilateral knee disorder is remanded. Entitlement to service connection for a sinus disorder is remanded. Entitlement to service connection for an allergic disorder is remanded. Entitlement to service connection for premenstrual dysphonic disorder is remanded. A disability rating for the service-connected lumbar spine disability higher than 0 percent for the period prior to November 30, 2011, is remanded. A disability rating for the service-connected lumbar spine disability higher than 20 percent for the period since November 30, 2011, is remanded. ORDER Entitlement to a compensable disability rating for hemorrhoids is dismissed. Entitlement to service connection for an upper-gastrointestinal (GI) disorder is dismissed. Entitlement to service connection for a lower-GI disorder is dismissed. Entitlement to service connection for residuals of a right hand injury is dismissed. Entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed. FINDINGS OF FACT 1. On April 24, 2017, prior to a decision in the appeal, the Veteran withdrew the appeal of entitlement to a compensable disability rating for hemorrhoids. 2. On April 24, 2017, prior to a decision in the appeal, the Veteran withdrew the appeal of entitlement to service connection for an upper-GI disorder. 3. On April 24, 2017, prior to a decision in the appeal, the Veteran withdrew the appeal of entitlement to service connection for a lower-GI disorder. 4. On April 24, 2017, prior to a decision in the appeal, the Veteran withdrew the appeal of entitlement to service connection for residuals of a right hand injury. 5. On April 24, 2017, prior to a decision in the appeal, the Veteran withdrew the appeal of entitlement to service connection for PTSD. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal have been met regarding entitlement to a compensable rating for hemorrhoids. 38 U.S.C. § 7105(b)(2), (d)(5) (West 2014); 38 C.F.R. § 20.204 (2017). 2. The criteria for withdrawal of an appeal have been met regarding entitlement to service connection for an upper-GI disorder. 38 U.S.C. § 7105(b)(2), (d)(5) (West 2014); 38 C.F.R. § 20.204 (2017). 3. The criteria for withdrawal of an appeal have been met regarding entitlement to service connection for a lower-GI disorder. 38 U.S.C. § 7105(b)(2), (d)(5) (West 2014); 38 C.F.R. § 20.204 (2017). 4. The criteria for withdrawal of an appeal have been met regarding entitlement to service connection for residuals of a right hand injury. 38 U.S.C. § 7105(b)(2), (d)(5) (West 2014); 38 C.F.R. § 20.204 (2017). 5. The criteria for withdrawal of an appeal have been met regarding entitlement to service connection for PTSD. 38 U.S.C. § 7105(b)(2), (d)(5) (West 2014); 38 C.F.R. § 20.204 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The appellant is a veteran (the Veteran) who had active duty service from April 23, 2002, to July 10, 2009. This appeal comes before the Board of Veterans’ Appeals (Board) from a September 2010 rating decision of the RO in Atlanta, Georgia. In April 2017, the Veteran presented testimony at a Board hearing, chaired via videoconference by the undersigned Veterans Law Judge, and accepted such hearing in lieu of an in-person hearing before a Member of the Board. See 38 C.F.R. § 20.700(e) (2017). At the Board hearing, the Veteran was informed of the basis for the RO’s denial of her claims, and she was informed of the information and evidence necessary to substantiate each claim. 38 C.F.R. § 3.103 (2017). A transcript of the hearing is associated with the claims file (Record 04/24/2017). Withdrawal of Appeal On the transcript of the Board hearing, the Veteran, through her accredited representative, withdrew a claim of entitlement to an increased rating for hemorrhoids, as well as claims of entitlement to service connection for upper-and lower-GI disorders, right hand injury residuals, and PTSD (Record 04/24/2017 at 2). Under VA law, 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 her authorized representative. 38 C.F.R. § 20.204. The Board notes that the consequences of the withdrawal were discussed during the pre-hearing conference. The Board finds that this request was explicit and unambiguous; and, as she is represented in this appeal, done with full understanding of the consequences of such action. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011); Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018). As there remain no allegations of errors of fact or law for appellate consideration with respect to the withdrawn claims, the Board does not have jurisdiction to review the withdrawn issues. 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 (West 2014). As the appeal of these issues has been withdrawn, the Board finds that dismissal is appropriate. REASONS FOR REMAND Entitlement to service connection for a bilateral knee disorder. Entitlement to service connection for a sinus disorder. Entitlement to service connection for an allergic disorder. Entitlement to service connection for premenstrual dysphoric disorder. Entitlement to a disability rating for the service-connected lumbar spine disability higher than 0 percent for the period prior to November 30, 2011. Entitlement to a disability rating for the service-connected lumbar spine disability higher than 20 percent for the period since November 30, 2011. The Veteran testified at the Board hearing that she received primary treatment at Moody Air Force Base (Record 04/24/2017 at 6). She was provided an opportunity to submit those records after the Board hearing. However, to date, she has not submitted any additional records. As records from Department of Defense medical treatment facilities are records maintained by the Federal Government, the Board has a duty to attempt to obtain those records. See 38 C.F.R. § 3.159(c)(1). In this case, the cited records are presumed to be pertinent to the service connection and increased rating issues. With respect to the increased rating issues, the most recent examination was in 2011, just after the Veteran underwent back surgery. The Board finds that a new VA examination is necessary to determine the current manifestations and severity of the service-connected thoracolumbar spine disability. Accordingly, the appeal is remanded for the following action: 1. Obtain the Veteran’s treatment records from Moody Air Force Base and associate them with the claims file. If the records do not exist or cannot be obtained place a notice in the claims file of all attempts made and responses received. 2. With respect to the service connection claims, take any additional steps deemed necessary to assure that adequate development has been completed. 3. Schedule an appropriate VA examination to determine the current manifestations and severity of the Veteran’s service-connected thoracolumbar spine disability. The examiner is requested to conduct any testing or imaging deemed necessary. 4. Readjudicate the remanded claims. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Cramp