Citation Nr: 20007733 Decision Date: 01/30/20 Archive Date: 01/29/20 DOCKET NO. 17-00 724 DATE: January 30, 2020 ORDER This issue of entitlement to service connection for radiculopathy of left lower extremity has been withdrawn. This issue of entitlement to service connection for right knee arthritis has been withdrawn. This issue of entitlement to service connection for left knee arthritis has been withdrawn. REMANDED Entitlement to service connection for radiculopathy of right lower extremity is remanded. Entitlement to service connection for irritable bowel syndrome (IBS) is remanded. Entitlement to service connection for back condition (claimed as spinal injury) is remanded. Entitlement to service connection for adjustment disorder with mixed anxiety and depressed mood (claimed as psychological disorder) is remanded. Entitlement to total disability evaluation based on individual unemployability (TDIU) is remanded. FINDINGS OF FACT At his September 2019 Board hearing, the Veteran withdrew from appellate review his claims of entitlement to service connection for radiculopathy of the left lower extremity, right knee arthritis, and left knee arthritis. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to service connection for radiculopathy of left lower extremity by the appellant have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 2. The criteria for withdrawal of entitlement to service connection for right knee arthritis by the appellant have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 3. The criteria for withdrawal of entitlement to service connection for left knee arthritis 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 FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Air Force from January 1977 to January 1978. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In September 2019, the Veteran testified at a videoconference Board hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record. Withdrawal 1. Entitlement to service connection for radiculopathy of left lower extremity 2. Entitlement to service connection for right knee arthritis 3. Entitlement to service connection for left knee arthritis 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. Once the appeal is transferred to the Board, an appeal withdrawal is effective when it is received by the Board. 38 C.F.R. § 20.204 (b)(3). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(b)(1). At his September 2019 hearing, the Veteran requested to withdraw his appeal for service connection for radiculopathy of the left lower extremity, right knee arthritis, and left knee arthritis. As the Veteran withdrew the appeal, 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 these issues and they are dismissed. REASONS FOR REMAND 1. Entitlement to service connection for radiculopathy right lower extremity is remanded. 2. Entitlement to service connection for IBS is remanded. 3. Entitlement to service connection for back condition is remanded. 4. Entitlement to service connection for adjustment disorder with mixed anxiety and depressed mood is remanded. 5. Entitlement to TDIU is remanded. The Veteran is seeking entitlement to service connection for radiculopathy of the right lower extremity, IBS, adjustment disorder, and a back condition, as well as entitlement to TDIU. During his hearing, the Veteran indicated that he had filed for civil service disability retirement benefits. Such records should be requested on remand. The Veteran submitted a nexus opinion from a private physician in September 2019. Although the private physician opined that the Veteran’s back condition is more likely than not related to his in-service back injuries, the physician did not provide an adequate rationale for the conclusions. As such, a VA examination is warranted. Regarding IBS, a July 6, 1977 service treatment record note he was seen for complaints of vomiting and diarrhea. The assessment was probable viral syndrome. The Board finds a VA examination and opinion is warranted. Additionally, the Veteran contends that his radiculopathy of the right lower extremity, IBS, and adjustment disorder are secondary to his back condition. The Veteran is also seeking entitlement to a TDIU. These claims are inextricably intertwined with the issue of entitlement to service connection for a back condition. As such, remand is warranted for contemporaneous adjudication. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are inextricably intertwined when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issues has been rendered). The matters are REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have treated him for his back condition, radiculopathy of the right lower extremity, IBS, and adjustment disorder. After securing the necessary releases, request any identified records that are not duplicates of those associated with the claims file. In addition, obtain updated VA treatment records. If any requested records cannot be obtained, the Veteran should be notified of such. 2. With assistance from the Veteran as necessary, request the records associated with his claim for civil service disability retirement benefits. If any requested records cannot be obtained, the Veteran should be notified of such. 3. Schedule the Veteran for a VA back examination to address the claim for service connection for a back condition. The claims file must be reviewed by the examiner in conjunction with the examination. All indicated tests should be conducted and the results reported. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s disability is related to service. The examiner should explain why/why not, to include addressing why the current back disability is/is not a post traumatic residual of the alleged falls from his bunk bed during service. 4. Schedule the Veteran for a VA examination to address the claim for IBS. The claims file must be reviewed by the examiner in conjunction with the examination. All indicated tests should be conducted and the results reported. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s disability is a continuation of the vomiting/diarrhea treated in July 1977, or is otherwise related to service. 5. After completing any additional development deemed necessary, to include obtaining opinions on secondary service connection if the claim for service connection for a back condition is granted, the claims should be readjudicated. If the claims remain denied, issue a supplemental statement of the case, as appropriate. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. N. Wilson, Associate Counsel 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.