Citation Nr: 19123647 Decision Date: 03/29/19 Archive Date: 03/29/19 DOCKET NO. 16-15 707A DATE: March 29, 2019 ORDER Entitlement to service connection for hypertension is dismissed. REMANDED Entitlement to a rating in excess of 10 percent for service-connected residuals of a left distal first metacarpal fracture (“left thumb disability”) is remanded. FINDING OF FACT In March 2019, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claim for entitlement to service connection for hypertension. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for hypertension. 38 U.S.C. §§ 7105, 7108 (2012); 38 C.F.R. §§ 20.200, 20.202, 20.204 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from August 1981 to July 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from September 2014 (hypertension) and March 2017 (left thumb disability) rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). In March 2019, the Veteran testified before the undersigned at a Board hearing. 1. Entitlement to service connection for hypertension is dismissed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing. 38 C.F.R. §§ 20.202, 20.204(b).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 his authorized representative. In this case, in the March 2019 hearing, the Veteran stated that he wished to withdraw his claim for entitlement to service connection for hypertension. See also March 2019 VA 21-4138 Statement in Support of Claim. As the Veteran has withdrawn his right to appeal in accordance with 38 C.F.R. § 20.204, the Board no longer has appellate jurisdiction over the issue and can take no further action on the matter. REASONS FOR REMAND 2. Entitlement to a rating in excess of 10 percent for service-connected left thumb disability is remanded. The Board’s review of the file reveals that further action on the claim of entitlement to a rating in excess of 10 percent for service-connected left thumb disability is needed. A review of the records shows a possible worsening of the Veteran’s left thumb disability. Specifically, a March 2017 x-ray scan of the left hand revealed a pin extending beyond the cortex within the soft tissue. The Veteran was told that the K wire that was protruding outside of the bone may be the cause of his left thumb pain. See April 2017 Medical Treatment Record – Government Facility. As such, in September 2018, the Veteran underwent a removal of the K-wire in his left thumb. See March 2019 Medical Treatment Record – Government Facility. In the March 2019 hearing, the Veteran stated that despite the surgery, his left thumb disability has worsened. As there is a possibility of an increase in the severity of the Veteran’s left thumb, the Board finds that the claim must be remanded for a new VA examination to determine the current severity of the Veteran’s left thumb. See 38 C.F.R. § 3.159; see also Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The matters are REMANDED for the following action: 1. Obtain all updated VA and private treatment records, in particular VA records from VA Salisbury from March 2018 to the present. 2. Thereafter, schedule the Veteran for a VA examination to evaluate the current severity of his left thumb disability. Furnish the Veteran’s claims file, including a copy of this remand to the examiner. All pertinent pathology found on examination should be noted in the report of the evaluation. Any testing deemed necessary should be performed. Identify the nature and severity of all current manifestations and symptoms of the left thumb disability. The examiner should assess the additional functional impairment on repeated use or during flare-ups. The examiner should discuss the impact, if any, as well as a full description of the effects, that the Veteran’s left thumb disability have on his occupational functioning. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P. Noh, Associate Counsel