Citation Nr: 18159915 Decision Date: 12/21/18 Archive Date: 12/20/18 DOCKET NO. 14-42 835 DATE: December 21, 2018 ORDER Entitlement to service connection for bilateral hearing loss is dismissed. REMANDED Entitlement to an initial disability rating in excess of 10 percent for the service-connected coronary artery disease (CAD) is remanded. FINDING OF FACT In December 2017, during the Veteran’s videoconference hearing, he indicated that he wished to withdraw the claim for service connection for bilateral hearing loss. CONCLUSION OF LAW The criteria for withdrawal of the appeal for service connection for bilateral hearing loss have been met. 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 from October 1965 to September 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from October 2011 and September 2014 rating decisions by the Department of Veterans Affairs (VA) Regional Office. In this regard, the RO denied service connection for bilateral hearing loss in October 2011. In September 2014, the RO granted service connection for CAD and assigned a 10 percent disability rating, effective from August 31, 2010. In December 2017, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. 1. Withdrawal of entitlement to service connection for bilateral hearing loss 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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. Id. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. During the Veteran’s December 2017 videoconference hearing, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw the appeal for entitlement to service connection for bilateral hearing loss. As the Veteran has withdrawn the appeal on this issue, there remains no allegation of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal on this issue and the appeal is dismissed. REASONS FOR REMAND 1. Entitlement to an initial disability rating in excess of 10 percent for the service-connected coronary artery disease (CAD) is remanded. The Veteran contends he is entitled to a higher initial disability rating for his service-connected CAD. Specifically, he claims a 60 percent disability rating is warranted. The Board notes that the Veteran last underwent VA heart disease examination in September 2011. Since then, it appears that the Veteran’s heart disability has worsened. In this regard, private treatment records dated as recently as October 2017 show that the Veteran was having more symptoms as of August 2016 and heart catherization was performed. In addition, during the October 2017 follow-up visit, it was noted that the Veteran was doing great until yesterday when he developed some chest discomfort. More than 7 years have passed since the most recent VA examination and it seems likely that the record may not accurately reflect the current severity of the Veteran’s service-connected CAD. In light of the above, the Board finds that a new examination would aid in addressing the Veteran’s claim. See Caffrey v. Brown, 6 Vet. App. 377, 381 (1994); Relevant ongoing medical records should also be requested. 38 U.S.C. § 5103A(c) (2012). The matter is REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disability. After securing any necessary releases, the AOJ should request any relevant records identified. In addition, obtain updated VA treatment records. If any requested records are unavailable, the Veteran and his representative should be notified of such. 2. After records development is completed, schedule the Veteran for a VA heart examination to determine the current severity of the service-connected coronary artery disease. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported. All symptomatology associated with the heart should be reported. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Medina, Associate Counsel