Citation Nr: 20028090 Decision Date: 04/22/20 Archive Date: 04/22/20 DOCKET NO. 18-14 678 DATE: April 22, 2020 ORDER Service connection for post-traumatic stress disorder (PTSD) is dismissed. REMANDED A rating in excess of 10 percent for right hip tendonitis is remanded. Special monthly compensation (SMC) based on loss of use of creative organ is remanded. FINDING OF FACT The Veteran knowingly withdrew her claim for service connection for PTSD during a February 2020 Board hearing. CONCLUSION OF LAW The criteria for dismissal of a claim for service connection for PTSD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Navy from March 2004 to February 2006. The matter is on appeal before the Board from a June 2014 rating decision. The Veteran testified before the undersigned Veterans Law Judge at a February 2020 Board hearing. A copy of the transcript is of record. The Board notes that service connection for a back condition was granted in a February 2018 rating decision, and that the Veteran appealed the evaluation to the Board in a November 2019 Form 9 Appeal to the Board. At the February 2020 Board hearing the Veteran provided testimony pertaining to the issue of a rating in excess of 10 percent for a back condition, however, the issue has not yet been certified to the Board, and thus the matter will be decided in a later, sperate decision. PTSD During the February 2020 Board hearing the Veteran verbally withdrew her appeal of the denied claim for service connection for PTSD. At any time before the Board issues a final decision, a Veteran or his or her representative may withdraw an issue on appeal to the Board. See 38 C.F.R. § 20.205. As such, no allegation of error of fact or law remains for the Board to decide, and thus the Board no longer has jurisdiction to review the withdrawn issue and must dismiss its appeal. See 38 U.S.C. § 7105. Hence, service connection for PTSD is dismissed. REASONS FOR REMAND Increased rating Right Hip Tendonitis At a February 2020 Board hearing the Veteran testified that she has flare-ups associated with her service-connected right hip tendonitis between two to three times per week, which causes her difficulty with her range of motion to include bending and fully extending her leg. In addition, the Veteran noted that during flares she limps worse than normal. The Veteran’s representative pointed out that while the February 2018 VA examination did reflect that the Veteran had flare-ups of her right hip, it did not provide estimations on range of motion during the flare-ups. As such, a remand is warranted to provide the Veteran with a new VA examination. SMC Loss of Use of Creative Organ During the hearing before the Board in February 2020, the Veteran testified that due to surgeries that she has undergone for her service-connected HPV her cervix is shortened, which caused her last pregnancy to be high risk. The Veteran reported that during her last pregnancy she was at the hospital twice per week for an ultrasound, was on bedrest for about six months, and still delivered her child 33 days early due to her shortened cervix. In addition, the Veteran reported that she had been told by her doctor that if she were to have anymore children it would potentially kill her and the child because she would not be able to carry the child to term since her cervix would be unable to hold that much pressure. She relayed that she has undergone eight colposcopies, three LEEPs, and two cones in relation to her HPV. Additionally, she reported that she had undergone a hysterectomy in August 2019 due to her HPV. As such, a remand is warranted to obtain a medical opinion to determine whether the Veteran’s service-connected HPV caused the her to need a hysterectomy. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and severity of her service-connected right hip tendonitis, to include range of motion estimations during flare-ups. In so doing, the VA examiner should take into account the testimony provided by the Veteran in the February 2020 Board hearing. 2. Obtain a VA medical opinion to determine whether it is at least as likely as not (50 percent or greater) that the Veteran’s June 2010 tubal ligation or August 2019 hysterectomy were caused by her service-connected HPV. Why or why not? In so doing, the VA examiner should take into account the testimony provided by the Veteran in the February 2020 Board hearing, MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Lutgens-Staley, 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.