Citation Nr: 18159626 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 15-10 706 DATE: December 19, 2018 ORDER The appeal for entitlement to an increased rating for posttraumatic stress disorder (PTSD) is dismissed. REMANDED Entitlement to service connection for a low back disability, to include as secondary to a service connected left knee disability is remanded. Entitlement to service connection for a left leg disability, to include as secondary to a service connected left knee disability is remanded. FINDING OF FACT In July 2018 correspondence, prior to the promulgation of a Board decision, the Veteran stated that he wished to withdraw his appeal for entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD). CONCLUSION OF LAW The criteria for withdrawal of a substantive appeal have been met; the Board does not have appellate jurisdiction to review the claim for entitlement to an increased rating for posttraumatic stress disorder (PTSD). 38 U.S.C. §§ 7105(a), 7108 (2012) 38 C.F.R. §§ 20.200, 20.202, 20.204 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in U.S. Marine Corps from July 1987 to October 1991 with service in Southwest Asia. The Board acknowledges that the Veteran submitted a RAMP (Rapid Appeals Modernization Program) opt-in election form in July 2018, but this appeal had already been activated at the Board and is therefore no longer eligible for the RAMP program. Entitlement to an increased rating in excess of 70 percent for service connected PTSD A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision, or may be withdrawn on the record at a hearing. 38 C.F.R. §§ 20.202, 20.204(b). Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. In July 2018 written correspondence, the Veteran stated he wished to withdrawal the claim for entitlement to an increased rating for service connected PTSD. This written correspondence expresses clear intent to withdraw the Veteran’s increased rating claim for PTSD currently on appeal. As the Veteran has properly withdrawn the appeal prior to a final Board decision, the Board no longer has appellate jurisdiction and can take no further action on these matters. 38 C.F.R. §§ 20.202, 20.204(b), 20.1100(b). REASONS FOR REMAND 1. Entitlement to service connection for a low back disability, to include as secondary to a service connected left knee disability is remanded. 2. Entitlement to service connection for a left leg disability, to include as secondary to a service connected left knee disability is remanded. The Board cannot make a fully-informed decision on the issues of entitlement to service connection for a low back disability, to include as secondary to a service connected left knee disability and entitlement to service connection for a left leg disability, claimed as a leg length discrepancy, to include as secondary to a service connected left knee disability because a VA examiner has not fully opined as to secondary service connection and specifically aggravation and any causation or aggravation by a leg length discrepancy. Although the Veteran was examined in January 2013 and some opinions were obtained, a remand is warranted for a supplemental VA examination. The matters are REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician as to the Veteran’s low back and left leg disabilities: Low back (a.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s low back disability was caused or aggravated by an in-service injury or disease? (b.) If a diagnosis of arthritis is found, is it at least as likely as not that the Veteran’s arthritis (1) began during active service, (2) manifested within the applicable presumptive period after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? (c.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s low back disability was caused by his service connected left knee disability or by the leg length discrepancy? (d.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s low back disability was aggravated (permanently worsened beyond its natural progression) by his service connected left knee disability or by the leg length discrepancy? Left leg (a.) Is it at least as likely as not (a 50 percent probability or greater) the Veteran’s left leg disability was caused or aggravated by an in-service injury or disease? (b.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s left leg disability was caused by his service connected left knee disability? (c.) Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s left leg disability was aggravated (permanently worsened beyond its natural progression) by his service connected left knee disability? Review of the entire claims file is required. The examiner must provide a complete rationale for all findings and opinions, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. Attention is invited to the January 2013 VA examination noting a diagnosis of a left leg length discrepancy which was not caused by his left knee disability. As to the Veteran’s low back pain the examiner noted onset 12 years after onset of his left knee pain and he would have most likely experienced back pain sooner if it was related to his left knee. If aggravation is found, please identify to the extent possible the baseline level of disability prior to the aggravation and determine what degree of additional impairment is attributable to aggravation of his left leg and low back disabilities by the service connected disability. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Kardian