Citation Nr: 18160910
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 15-22 277
DATE:	December 28, 2018

ORDER

The claim for an increased rating for tinnitus is dismissed.

REMANDED

Service connection for a right shoulder disorder.

Entitlement to a compensable rating for bilateral hearing loss.

FINDINGS OF FACT

1.  The Veteran had active service from September 1971 to October 1973. 

2.  During a July 2018 hearing before the Board, the Veteran indicated his intent ot withdraw his claim for an increased rating for tinnitus.

CONCLUSION OF LAW

The claim for an increased rating for tinnitus is withdrawn.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2017).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 US.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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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In the present case, the Veteran has withdrawn the appeal for an increased rating for tinnitus during a July 2018 hearing before the Board.  The Board does not have jurisdiction to review this appeal and it is dismissed.

REASONS FOR REMAND

As to the remaining claims on appeal, during the July 2018 Board hearing, the Veteran indicated that he had been diagnosed and treated for a right shoulder disorder by Dr. J. Giuliani.  A review of his record shows no attempt to obtain these records, and available records do not show any current diagnosis of a right shoulder disorder.  As such, additional development is required.  

Further, at the Board hearing, the Veteran indicated that his hearing loss had worsened since his last VA audiological examination in October 2012.  There are several private audiograms of record; however, it is unclear if the Maryland CNC Wordlist was utilized during the evaluations, and thus they are not sufficient for rating purposes.  Therefore, a new examination is warranted.

The matters are REMANDED for the following actions:

1.  Identify and obtain any outstanding VA treatment records and associate them with the claims file.

2.  Provide to the Veteran all necessary releases in order for him to obtain any private treatment records related to claims on appeal, specifically records from Dr. J. Giuliani. 

3.  Schedule the Veteran for an audiological examination to determine the current level of bilateral hearing loss.  

The claims file, to include a copy of this remand, must be reviewed in conjunction with the examination.  The examiner should provide all information required for rating purposes.

4.  Readjudicate the issues on appeal.  If the decision remains adverse to the Veteran, issue a supplemental statement of the case and wait the appropriate time for response.  Then, return the case to the Board.

The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other 





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appropriate action must be handled in an expeditious manner.  See 38 U.S.C. §§ 5109B, 7112 (2012).

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Brendan A. Evans, Associate Counsel