Citation Nr: 21061669 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 17-49 595 DATE: October 5, 2021 ORDER The appeal for entitlement to an effective date earlier than July 17, 2015 for the grant of service connection for right knee patellofemoral pain syndrome is dismissed. REMANDED Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for headaches is remanded. FINDING OF FACT In correspondence received in November 2019, prior to a promulgation of a decision in the appeal, the Veteran indicated in a signed statement that he wished to withdraw his appeal for entitlement to an effective date earlier than July 17, 2015 for the grant of service connection for right knee patellofemoral pain syndrome. CONCLUSION OF LAW The criteria for dismissal of the appeal for entitlement to an effective date earlier than July 17, 2015 for the grant of service connection for right knee patellofemoral pain syndrome have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1993 to July 1997. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In the present case, in a written statement received in November 2019, the Veteran wrote that he was withdrawing both his appeal and request for a hearing before the Board. At the time, the only appeal pending a hearing before the Board pertained to the issue of entitlement to an effective date earlier than July 17, 2015 for the award of service connection for the Veteran's right knee patellofemoral syndrome. The Board finds the Veteran's submission to be a clear statement that he wished to withdraw that issue from his appeal. Accordingly, there remain no allegations of errors of fact or law for appellate consideration with respect to that issue. As such, the Board does not have jurisdiction to review it and it is dismissed. REASONS FOR REMAND 1. Entitlement to service connection for a low back disability. 2. Entitlement to service connection for a cervical spine disability. 3. Entitlement to service connection for headaches. The Veteran contends that his low back and cervical spine disabilities had onset in service due to physical training and hikes on uneven terrain wearing heavy gear. The Board observes that the Veteran separated from service in 1997 and while there is one VA treatment record dated in October 1997, the first post-service medical records date from September 2015. That stated, the Veteran submitted a billing statement from a chiropractic practice showing that as early as 2007, the Veteran underwent X-rays of his full spine. It does not appear that VA attempted to obtain those records of private care, and the Veteran explained in April 2017 Correspondence that he was struggling in his personal life during that time period and may not have been able to seek out those records. Given that the medical opinions of record for the low back and cervical spine disabilities suggest that his neck and low back conditions potentially stem from more recent post-service motor vehicle accident, records of care prior to the accident but post-dating service, are relevant to the claims. Accordingly, a remand is necessary to attempt to obtain those records. The Veteran contends that his headaches are due to service or to his neck pain. As the Board is remanding the issue of service connection for the Veteran's cervical spine disability, it finds that the issue of entitlement to service connection for headaches is inextricably intertwined with the outcome of the cervical spine claim. In addition, the February 2020 VA medical opinion is inadequate regarding direct service connection, and an additional opinion should be obtained. In this regard, the examiner based the opinion exclusively on a gap in care between service and the first documented post-service headaches treatment, without explaining why such a gap in care was relevant to the overall conclusion. The matters are REMANDED for the following action: 1. Obtain VA treatment records dated from 1997 through 2015, if available. 2. Ask the Veteran to submit private treatment records from the chiropractic facility where he obtained spinal X-rays in 2007, 2008, and 2009, or alternatively, to complete a VA Form 21-4142 records release form for such records. Take all appropriate action to obtain identified treatment records. 3. Obtain an addendum opinion from a qualified examiner addressing the nature and etiology of the Veteran's headaches. After a complete review of the record, the examiner should address the following: (a.) Is it at least as likely as not (approximately 50 percent probability) that the Veteran's diagnosed headaches had onset in, or are otherwise related to the Veteran's period of active service? The examiner must address the complaints of headaches noted in the Veteran's service treatment records. (b.) Is it at least as likely as not that the Veteran's headaches have been caused or aggravated by the Veteran's neck or back conditions? 4. Then, after completing the above, and any additional development deemed necessary, readjudicate the issues on appeal. V. Chiappetta Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Polly Johnson, 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.