Citation Nr: 20023979 Decision Date: 04/08/20 Archive Date: 04/08/20 DOCKET NO. 15-28 699 DATE: April 8, 2020 ORDER Entitlement to service connection for left elbow disability has been withdrawn. REMANDED Entitlement to service connection for cervical spine disability is remanded. Entitlement to service connection for left shoulder disability, to include as secondary to service-connected impingement syndrome with degenerative joint disease of the right shoulder, is remanded. FINDING OF FACT At a hearing before the Board in November 2018, prior to the promulgation of a Board decision, the Veteran requested to withdraw the appeal as to the claim of entitlement to service connection for left elbow disability. CONCLUSION OF LAW The criteria for withdrawal of entitlement to service connection for left elbow disability by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from October 1980 to February 1981 and May 1986 to February 2006. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the Board at a November 2018 videoconference hearing; a transcript of the hearing is associated with the claims file. Entitlement to service connection for left elbow disability An appeal may be withdrawn as to any or all issues at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(a), (b)(3). Such withdrawal may be made by the veteran or by his authorized representative and, unless done on the record at a hearing, must be in writing. 38 C.F.R. § 20.204(a). During the November 2018 Board hearing, the Veteran explicitly, unambiguously, and with a full understanding of the consequences withdrew the issue of entitlement to service connection for left elbow disability. The undersigned clearly identified the withdrawn issue, and the Veteran affirmed that he was requesting a withdrawal as to that appeal. In addition, the undersigned discussed the consequences of withdrawing an appeal, and the Veteran expressed that he fully understood those consequences. Accordingly, there remains no allegation of error of fact or law for appellate consideration with respect to this claim. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.202. The Board therefore does not have jurisdiction to review the appeal and it is dismissed. REASONS FOR REMAND 1. Entitlement to service connection for cervical spine disability is remanded. The Board cannot make a fully informed decision on the issue of entitlement to service connection for cervical spine disability because no VA examiner has opined whether this disability is related to service. A May 2010 military treatment record noted that the Veteran’s cervical spine disability “could possibly be caused by his flying in high G aircraft.” Although this opinion does not rise to the level of as likely as not, it raises the possibility of service connection that must be addressed in a VA examination. See McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). 2. Entitlement to service connection for left shoulder disability, to include as secondary to service-connected impingement syndrome with degenerative joint disease of the right shoulder is remanded. The Board cannot make a fully informed decision on the issue of entitlement to service connection for left shoulder disability because no VA examiner has opined whether this disability is related to his service-connected right shoulder disability, including through compensation for the right shoulder. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any cervical spine disability. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including flying 3000 hours at high G-forces and 5000 hours total wearing a helmet. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any left shoulder disability. The examiner must opine whether it is (a.) At least as likely as not proximately due to service-connected right shoulder impingement syndrome with degenerative joint disease, to include as due to compensating for the right shoulder. (b.) At least as likely as not aggravated beyond its natural progression by service-connected impingement syndrome with degenerative joint disease, to include as due to compensating for the right shoulder. (c.) At least as likely as not related to an in-service injury, event, or disease, including flying 3000 hours at high G-forces and 5000 hours total wearing a helmet. M. H. HAWLEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W. Ripplinger, 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.