Citation Nr: 20021376 Decision Date: 03/25/20 Archive Date: 03/25/20 DOCKET NO. 17-22 700 DATE: March 25, 2020 ORDER Entitlement to a rating in excess of 10 percent for the service-connected right ankle sprain is dismissed. REMANDED Entitlement to a rating in excess of 10 percent for service-connected cervical strain condition is remanded. FINDING OF FACT On February 13, 2020, through his representative, the Veteran indicated that he wished to withdraw his claim for a rating in excess of 10 percent for service-connected right ankle sprain. CONCLUSION OF LAW The criteria for withdrawal of a claim for a rating in excess of 10 percent for service-connected right ankle sprain by the Veteran (through his authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Air Force from October 1983 to January 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision (with April 2016 notice) by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran initially requested a hearing for the issues on appeal in April 2017. However, in December 2019, the Veteran withdrew his request for a hearing and, instead, requested to submit additional evidence and argument. Withdrawn Claim 1. Entitlement to a rating in excess of 10 percent for service-connected right ankle sprain is dismissed. The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105 (d)(5); 38 C.F.R. § 20.202. A substantive appeal may be withdrawn in writing and is effective when received by the RO prior to the appeal being transferred to the Board, or when received by the Board before it issues a final decision. 38 C.F.R. § 20.204 (b). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204 (a). On February 13, 2019, the Veteran, through his representative, submitted a statement indicating that he wished to withdraw his claim for a rating in excess of 10 percent for service-connected right ankle sprain. A second statement confirming this request was received March 5, 2020. Thus, there remain no allegations of errors of fact or law for appellate consideration with respect to this specific matter. Accordingly, the Board does not have jurisdiction to review the appeal of that issue and it is therefore dismissed. REASONS FOR REMAND 2. Entitlement to a rating in excess of 10 percent for service-connected cervical strain condition is remanded. The Veteran contends that his service-connected cervical strain condition warrants a rating in excess of 10 percent. In support thereof, the Veteran stated that he cannot turn or lift his head during flare-ups. The Veteran’s most recent examination for his neck strain was in January 2016. The Veteran reported that during flare-ups of his condition, he cannot lift his head as well or turn his head. The examiner found that the Veteran would not have any additional range of motion or functional loss during these flare-ups; however, no reasoning was provided for this conclusion. The Board finds this examination to be inadequate as a result. Further, the Board notes that along with his application for an increase, the Veteran submitted records from Womack Army Medical Center. However, since that date, no additional records from any VA Medical Center have been associated with the file. Therefore, a remand is required to obtain those records. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from September 1, 2014 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected cervical strain disability. The clinician should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran’s statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training. Bethany L. Buck Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. M. Hitchcock 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.