Citation Nr: 18146483 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 16-31 972 DATE: October 31, 2018 ORDER The issue regarding entitlement to an increased rating for nasopharyngeal cyst with chronic rhinitis is dismissed. The issue regarding entitlement to service connection for dental disability is dismissed. REMANDED The issue regarding entitlement to a rating higher than 10 percent for excision of exostosis on the 4th toe of the left foot is remanded. The issue regarding entitlement to a rating higher than 10 percent for excision of exostosis on the 4th toe of the right foot is remanded. FINDINGS OF FACT 1. On September 19, 2017, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran and her representative that a withdrawal of the increased rating claim for nasopharyngeal cyst with chronic rhinitis is requested. 2. On September 19, 2017, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran and her representative that a withdrawal of the service connection claim for dental disability is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the increased rating claim for nasopharyngeal cyst with chronic rhinitis by the Veteran have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 2. The criteria for withdrawal of the service connection claim for dental disability by the Veteran have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1984 to October 1990. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a January 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Indianapolis, Indiana. In September 2017, the Veteran testified in a videoconference hearing before the undersigned Veterans Law Judge. A copy of the transcript of the hearing is included in the record and has been reviewed. 1. The issue regarding entitlement to an increased rating for nasopharyngeal cyst with chronic rhinitis is dismissed. 2. The issue regarding entitlement to service connection for dental disability is dismissed. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, in a written statement received in September 2017, the Veteran withdrew from appellate consideration the increased rating claim for nasopharyngeal cyst with chronic rhinitis, and the service connection claim for dental disability. Hence, there remain no allegations of errors of fact or law for appellate consideration of these issues. Accordingly, the Board does not have jurisdiction to review them. Each is therefore dismissed. REASONS FOR REMAND 1. The issue regarding entitlement to a rating higher than 10 percent for excision of exostosis on the 4th toe of the left foot is remanded. 2. The issue regarding entitlement to a rating higher than 10 percent for excision of exostosis on the 4th toe of the right foot is remanded. During the September 2017 Board hearing, the Veteran described her bilateral toe disability, and indicated that her disability had worsened significantly since the most recent VA examination into the disorder in November 2014. She should be provided a new examination. See Green v. Derwinski, 1 Vet. App. 121 (1991). The matters are REMANDED for the following action: 1. Undertake appropriate development to obtain any outstanding records pertinent to the Veteran’s claims to the extent possible. Include in the record any outstanding VA treatment records, the most recent of which are dated in May 2017. All records/responses received must be associated with the electronic claims file. 2. Schedule the Veteran for a VA compensation examination to determine the nature and severity of her bilateral toe disability. The examiner should review the claims folder. In a report detailing the nature and severity of the disorder, the examiner should comment on the following: (a). Does the disorder cause moderate disability, moderately severe disability, or severe disability? See 38 C.F.R. § 4.71a, Diagnostic Code 5284 (2018). (b). Does the Veteran have other foot disabilities and, if so, can symptoms associated with other foot disabilities be differentiated from the bilateral toe disability? In addressing (b), please review and discuss VA podiatry treatment records in the claims file, which indicate that the Veteran may have other diagnosed foot disorders. Please support any opinion provided with a full explanation. (Continued on the next page)   (Continued on the next page) G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Christopher McEntee, Counsel