Citation Nr: 21062019 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 17-39 239 DATE: October 6, 2021 ORDER Entitlement to service connection for prostate cancer has been withdrawn. REMANDED Entitlement to service connection for vertigo is remanded. FINDING OF FACT On November 6, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of the appeal for service connection for prostate cancer is requested. CONCLUSION OF LAW The criteria for withdrawal of the claim to entitlement to service connection for prostate cancer by the appellant (or his authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army and the National Guard on active duty from May 1991 to September 1991, September 1995 to December 2004, and January 2005 to March 2015. The issues come before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran initially requested a Board hearing in this appeal, which was subsequently scheduled for November 2019. However, he withdrew his hearing request in November 2019, and therefore, the Board will proceed with adjudication of his claims. Entitlement to service connection for prostate cancer 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 38 C.F.R. § 19.55. In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 and it is dismissed. REASONS FOR REMAND Entitlement to service connection for vertigo is remanded. The Veteran contends that he suffers from vertigo that had its onset in service. The Veteran's service treatment records note the Veteran received treatment for vertigo during service in February 2014 at a private hospital's emergency department. The Veteran's entrance examination does not indicate a history of vertigo prior to enlistment. The Veteran's separation physical examination noted the Veteran experienced dizziness and was treated for vertigo. The Veteran's post-service private medical treatment records from May 2015 reported the Veteran displayed intermittent dizziness and headaches. VA's duty to assist includes providing an examination and obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159. Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of a diagnosed disability or symptoms of disability, (2) establishes that the Veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006). The threshold for finding a link between a current disability and service so as to require medical examination is low. Locklear v. Nicholson, 20 Vet. App. 410 (2006). Given the Veteran's VA medical treatment records and service treatment records showing the Veteran's treatment for dizziness and vertigo, remand is required to obtain a medical examination addressing the nature and etiology of the Veteran's claimed vertigo. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). Absent an adequate medical opinion addressing the causal nexus between the Veteran's vertigo disability and his in-service treatment for vertigo, the record is insufficient for the Board to decide on the Veteran's claim, and a remand is needed. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination with an appropriate examiner to determine the etiology of the Veteran's claimed vertigo. The record and a copy of this Remand must be made available to the examiner. The examination may be conducted via telehealth or similar service during the social distancing restrictions of the COVID-19 pandemic. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail, and correlated to a specific diagnosis. Following a review of the evidence of record, the examiner must opine as to whether it is at least as likely as not (50 percent probability or more) that the Veteran's vertigo disability had its onset during or is otherwise etiologically related to active-duty service. The examiner must provide a comprehensive report including a clearly stated rationale for any opinions offered and conclusions reached, citing the objective medical findings leading to the conclusions, and must not be based solely on the lack of records. In this regard, the Board emphasizes that the Veteran is competent to report his symptoms and history, and such statements by the Veteran regarding symptomatology and medical history must be specifically acknowledged and considered in formulating any opinions concerning the onset and severity of his disability. If such reports are rejected by the examiner, a reason for doing so must be provided. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.V. Bona, 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.