Citation Nr: 20008445 Decision Date: 01/31/20 Archive Date: 01/31/20 DOCKET NO. 16-37 094 DATE: January 31, 2020 ORDER Service connection for skin lesions has been withdrawn. REMANDED Entitlement to service connection for irritable bowel syndrome (IBS) is remanded. FINDING OF FACT During a September 2019 Board hearing, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his appeal for entitlement to service connection for skin lesions. CONCLUSION OF LAW The criteria for withdrawal of entitlement to service connection for skin lesions by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1997 to November 1997 and from October 2001 to December 2002. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In September 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of this hearing is of record. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 Veteran and his authorized representative indicated at the Veteran’s September 2019 hearing that the Veteran wished to withdraw his appeal as to the issue of entitlement to service connection for skin lesions. The transcript of that hearing is on file. Therefore, the Veteran has withdrawn his appeal as to these issues, and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 as to this issue and it is dismissed. REASONS FOR REMAND The Veteran contends that he is entitled to service connection for IBS. Specifically, the Veteran contends that during Operation Enduring Freedom he was deployed to Karshi-Khanabad (K2) Air Base in southeastern Uzbekistan. While there, the Veteran reported being exposed to contaminated ground soil, including jet fuel, processed uranium, asbestos, and other potential environmental contaminants. K2 was a former Soviet Air Base, and the Veteran’s representative discussed “black goo” present if digging was performed, possible related to the Soviet-era fuel distributions system. The representative also raised the potential of chemical warfare agents being present from the Soviet period, and other contaminants related to the destruction of Soviet missiles in the years prior to the deployment of American forces to K2. The Veteran was afforded a VA examination for IBS in June 2016. The Veteran was diagnosed with IBS and it was noted the original date of the diagnosis was 2006. The examiner opined that it was less likely than not that the Veteran’s IBS was related to the exposure of hazardous substances or military service but provided no rationale in support of this conclusion. Because of the lack of rationale provided, the Board finds this opinion inadequate. Therefore, an addendum opinion regarding the etiology of the Veteran’s IBS should be obtained. During the September 2019 hearing, the Veteran’s representative asserted there was a potential link between the Veteran’s service-connected posttraumatic stress disorder (PTSD) and his IBS. Accordingly, a medical opinion should be obtained. The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). The matters are REMANDED for the following action: 1. The Agency of Original Jurisdiction (AOJ) should arrange for a supplemental medical opinion (with examination of the Veteran only if deemed necessary by the opinion provider) to determine whether the Veteran’s IBS is related to his military service. The Veteran’s entire record must be reviewed by the opinion provider. The opinion provider is requested to respond to the following questions: a. Is it at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s IBS had its onset in service, or is otherwise related to service, to include as due to exposure to environmental contaminants (including, but not limited to, chemical weapons, radiation, fuel and solvent plumes, asbestos, groundwater contamination, etc.)? b. Is it at least as likely as not (50 percent probability or greater) that the Veteran’s IBS was either caused or aggravated (worsened beyond the natural progression) by his service-connected PTSD? The opinion provider should specifically address the Veteran’s relevant lay statements. The opinion provider must explain the rationale and reasoning for all opinions and conclusions provided (with reference to supporting clinical data as appropriate). If the examiner cannot provide the requested opinion without resorting to speculation, he or she should expressly indicate this and provide an explanation as to what additional information is necessary and why the opinion sought cannot be given without resorting to speculation. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. If any benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and   provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Keogh, 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.