Citation Nr: 18134591 Decision Date: 09/13/18 Archive Date: 09/12/18 DOCKET NO. 13-26 636 DATE: September 13, 2018 ORDER Entitlement to service connection for a throat disability is dismissed. REMANDED Entitlement to an initial rating greater than 10 percent prior to January 8, 2018, and to a rating greater than 30 percent beginning March 1, 2019, for a left hip disability is remanded. Entitlement to an initial rating greater than 10 percent for a right hip disability is remanded. Entitlement to a total rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. FINDING OF FACT At his September 2018 hearing before the Board, prior to the promulgation of a decision in the appeal, the Veteran withdrew the issue of entitlement to service connection for a throat disability. CONCLUSION OF LAW The criteria for withdrawal of the issue of entitlement to service connection for a throat disability by the appellant have been met. 38 U.S.C. 7105 (b)(2), (d)(5); 38 C.F.R. 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1990 to September 1994. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from August 2010 and July 2013 rating decisions of the Department of Veterans Affairs (VA) Regional Office. In connection with this appeal, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in September 2018 and accepted that hearing in lieu of an in-person hearing before a member of the Board. In an April 2018 rating decision, the Veteran was assigned a temporary 100 percent rating for his left hip disability based on his need for convalescence following total left hip arthroplasty in January 2018. The Veteran was pre-emptively assigned a 30 percent rating for his left hip disability following the termination of the temporary total rating, effective March 1, 2019. That rating did not constitute a full grant of the benefit sought on appeal. However, the Board has limited its consideration accordingly. The Board notes that at his September 2018 hearing before the Board, the Veteran raised the issue of entitlement to a TDIU. The Board has taken jurisdiction of that issue pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). WITHDRAWN ISSUE The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. 20.204.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, at his September 2018 Board videoconference hearing, the Veteran withdrew the issue of entitlement to service connection for a throat disability. As such, there remains no allegations of errors of fact or law for appellate consideration of this issue. Accordingly, the Board does not have jurisdiction to review the issue and it is dismissed. REASONS FOR REMAND Regarding the Veteran’s claims for increased ratings for his left and right hip disabilities, the evidence shows that he underwent a total left hip replacement in January 2018 and a total right hip replacement in April 2018. As noted above, in an April 2018 rating decision, the Veteran was assigned a temporary total rating for his left hip disability from the date of his total left hip replacement in January 2018, to March 1, 2019. He has yet to be assigned a temporary total rating for his right hip disability following his total right hip arthroplasty in April 2018. Accordingly, this case must be remanded so that the RO may consider assigning the Veteran a temporary total disability rating for his right hip and so that he may be afforded new VA examinations when his periods of temporary total disability end to assess the current severity of his hip disabilities at that time. With regard to the claim of entitlement to a TDIU, the Board notes that entitlement to a TDIU is inextricably intertwined with the other pending issues on appeal. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to remand the claim on appeal pending the adjudication of the inextricably intertwined claim. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. After obtaining any outstanding, pertinent evidence that relates to the Veteran’s total right hip arthroplasty performed in April 2018, consider assigning the Veteran a temporary total disability rating in light of that surgical procedure. 3. Following the cessation of the Veteran’s assigned temporary total ratings as they pertain to his right and left hip disabilities, afford him a new VA orthopedic examination in order to assess the post-operative severity of those disabilities. 4. Conduct the appropriate development for adjudication of a claim of entitlement to a TDIU, to include obtaining a VA Form 21-8940 and updated employment and education information. 5. Thereafter, readjudicate the issues of entitlement to increased initial ratings for right and left hip disabilities, to include the assignment of special monthly compensation (SMC) paid at the housebound rate for periods during which the Veteran meets the statutory requirements for such. If any benefit sought on appeal is not granted, the Veteran and his representative should be provided a supplemental statement of the case (SSOC) and be given the opportunity to respond. Then, return the case to the Board for further appellate consideration. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Shawkey, Counsel