Citation Nr: 18152837 Decision Date: 11/27/18 Archive Date: 11/26/18 DOCKET NO. 10-45 982 DATE: November 27, 2018 ORDER The petition to reopen the claim of entitlement to service connection for a right foot disability is dismissed. REMANDED Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for hepatitis is remanded. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for depression is remanded. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for post-traumatic stress disorder (PTSD) is remanded. Entitlement to service connection for a left foot disability is remanded. Entitlement to service connection for a right hand disability is remanded. Entitlement to service connection for a left hand disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a right leg disability is remanded. Entitlement to service connection for dizzy spells is remanded. FINDINGS OF FACT On June 18, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran of his intent to withdraw his appeal of his petition to reopen his claim for entitlement to service connection for a right foot disability. CONCLUSIONS OF LAW The criteria for withdrawal of an appeal by the Veteran regarding the petition to reopen his claim of entitlement to service connection for a right foot disability have been met. 38 U.S.C. § 7105(b)(2); (d)(5) (2012); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1974 to April 1980. This matter arose to the Board of Veterans’ Appeals (Board) from a February 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. The Veteran testified before the undersigned Veterans Law Judge (VLJ) during a June 2018. A transcript of that hearing is associated with the record. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a right foot disability 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 Veteran or by his or her authorized representative. Id. In the present case, the Veteran clearly expressed his intent to withdraw his appeal of his petition to reopen the claim of entitlement to service connection for a right foot disability. Consequently, the Board finds that the Veteran has withdrawn his appeals as to this issue. Hence, there remain no new allegations of errors of fact or law for appellate consideration concerning this appeal, and it is dismissed. REASONS FOR REMAND 1. Whether new and material evidence has been submitted to reopen the claims of entitlement to service connection for hepatitis, depression, and PTSD is remanded. The Veteran previously applied for service connection for hepatitis, depression, and PTSD was denied in an August 2006 rating decision. A thorough review of the Veteran’s file reveals that the rating decision is not in the file. As such, a remand is in order to obtain the appropriate rating decision, as well as the Veteran’s original application for his service connection claims and all the documents associated with the claims. 2. Entitlement to service connection for a right hip, right leg, left foot, and right and left hand disabilities, as well as a dizziness disability, is remanded. The Veteran claims he is entitled to service connection for a right hip, right leg, and left foot disabilities, as well as a dizziness disability. A review of the Veteran’s file reveals that his Service Treatment Records are not in his file. Without these records, the Board cannot adjudicate his claims. As such, a remand is in order to obtain his Service Treatment Records. 3. Entitlement to service connection for a right knee disability is remanded. The Veteran claims that he is entitled to service connection for a right knee disability. The Veteran’s August 2010 Statement of the Case states that the Veteran received treatment in service for right knee pain and was diagnosed with chondromalacia on March 11, 1977. As such, a remand is in order to provide the Veteran with an examination to determine whether or not the Veteran’s current degenerative arthritis of the right knee diagnosis is related to his March 1977 in-service chondromalacia diagnosis. The matters are REMANDED for the following action: 1. Find and place in the Veteran’s claims file the August 2006 rating decision which denied the Veteran’s claims for entitlement to service connection for hepatitis, depression, and PTSD, as well as all documents associated with the Veteran’s original claims. 2. Obtain all of the Veteran’s service treatment records. After following the appropriate procedures, if the service treatment records have not been obtained and it is determined that further attempts would be futile, such should be noted in the claims file with a memorandum of unavailability and the Veteran should be notified thereof. 3. Schedule the Veteran for an examination to determine the nature and etiology of his right knee degenerative arthritis. The examiner is asked to review the claims file and provide the following information: (a) Is it at least as likely as not (50 percent probability or greater) that the Veteran’s knee disability was incurred in or is otherwise related to the Veteran’s service, most specifically his March 1977 chondromalacia diagnosis? (b) If it is determined that there is another likely etiology for the Veteran’s back disability, that should be stated. The examiner should set forth all examination findings, with a clear rationale for the conclusions reached. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Ryan