Citation Nr: 20005883 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 16-45 042 DATE: January 23, 2020 ORDER The claim of entitlement to an initial disability rating in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD), also claimed as anxiety, has been withdrawn and is dismissed. Entitlement to service connection for left knee degenerative joint disease is denied. Entitlement to service connection for right knee degenerative joint disease is denied. Entitlement to service connection for lumbar spine degenerative disc disease/arthritis is denied. FINDINGS OF FACT 1. On July 29, 2019, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, made a knowing and informed withdrawal of the issue of entitlement to an initial disability rating in excess of 50 percent for service-connected PTSD. 2. Bilateral knee disability was not present in service or for many years after service, and the most probative evidence does not link current knee disability to service. 3. A lumbar spine disability was not present in service or for many years after service, and the most probative evidence does not link current lumbar spine disability to service. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim of entitlement to an initial rating in excess of 50 percent for service-connected PTSD, also claimed as anxiety, by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. Left knee degenerative joint disease was not incurred in service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. Right knee degenerative joint disease was not incurred in service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. Lumbar spine degenerative dis disease/arthritis was not incurred in service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from March 1978 to December 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from August 2017 and July 2015 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In July 2019, the Veteran appeared and testified at a video conference hearing before the undersigned Veterans Law Judge. 1. PTSD 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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, the appellant has withdrawn the issue of entitlement to an initial disability rating in excess of 50 percent for service-connected PTSD at his July 2019 Board hearing and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 2. Bilateral knee and lumbar spine disability claims Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Certain chronic diseases, including arthritis, will be presumed related to service, absent an intercurrent cause, if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service (or within an applicable presumptive period) with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). The Veteran has been diagnosed to have degenerative arthritis/disc disease of the lumbar spine, and degenerative arthritis of the left and right knee; he reports hard landings on parachute jumps during service, and carrying equipment; and a medical nexus opinion has been obtained. The Veteran contends that the claimed disabilities are a result of hard landings experienced during parachute jumps that occurred during active service, as well as carrying heavy equipment. The Veteran’s service treatment records do not reflect any knee or low back complaints. A November 1979 service record reflects the Veteran denied ever having been treated for arthritis. The Veteran reported to a VA examiner in 2015 that he informed military medics of his knee and back complaints when on active duty, but that point was not as clear when testifying before the Board. The Veteran did make clear he did not seek any relevant care after service until 2015; a period of 35 years. (Continued on the next page)   The Veteran was examined for VA purposes in connection with his claim in July 2015. He was diagnosed to have lumbar spine degenerative disc disease/arthritis and degenerative arthritis of the knees. The report of the examination reflects the examiner was aware of the Veteran’s contention that his parachute jumps were the cause of the claimed disabilities. In this regard, it is noted that the Veteran provided a more detailed account of his hard landings at his hearing, but it is reasonable to find that the examiner’s acknowledgement that parachute jumping was the claimed beginning of the disabilities at issue, was a recognition of hard landings later described more particularly at his hearing. The examiner also noted the Veteran’s report that he was treated for his complaints in service, but since this treatment was not documented, there was no continuity of care post service, (as acknowledged by the Veteran), and clinical evaluation in 2015 revealed normal findings, (range of motion was normal, without instability)the examiner concluded it was more likely the current disabilities were due to age. (The Veteran was 67 years old in 2015.) There is no medical opinion of record supporting the Veteran’s contentions, and he is not shown to possess the medical expertise to relate current disability to service. Given the absence of probative evidence of the claimed disabilities in service, or for many years after service, and the only medical opinion of record is against the claim, the greater weight of the evidence is against the claim for service connection for left disability, right knee disability, and lumbar spine disability. MICHAEL KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Uller The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.