Citation Nr: 21062736
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 18-02 292
DATE: October 12, 2021

ORDER

Entitlement to service connection for soft tissue sarcoma is dismissed.

Entitlement to service connection for epidermal cyst is dismissed.

REMANDED

Entitlement to an initial compensable rating for hypertension is remanded.

Entitlement to service connection for diabetes mellitus is remanded.

FINDINGS OF FACT

1. At the June 2021 hearing, prior to the promulgation of a Board decision, the Veteran explicitly, unambiguously, and with a full understanding of the consequences requested withdrawal of the appeal for the issue of service connection for soft tissue sarcoma.

2. At the June 2021 hearing, prior to the promulgation of a Board decision, the Veteran explicitly, unambiguously, and with a full understanding of the consequences requested withdrawal of the appeal for the issue of service connection for epidermal cyst.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of service connection for soft tissue sarcoma have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2.  The criteria for withdrawal of service connection for epidermal cyst have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from September 1967 to May 1969. 

These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

In June 2021, the Veteran testified before the undersigned Veterans Law Judge at a virtual hearing. A copy of the transcript is associated with the Veteran's claims file.

Withdrawn Issues

1. Entitlement to service connection for soft tissue sarcoma

2. Entitlement to service connection for epidermal cyst

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. An oral withdrawal of an appeal, such as one made at a hearing, must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action on the part of the claimant. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see Acree v. O'Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018).

The Veteran and his representative indicated during the June 2021 hearing that he wished to withdraw the appeal on the issues of service connection for soft tissue sarcoma and epidermal cyst. The Veteran indicated on the record that he fully understood the consequences of the withdrawal. Thus, the Veteran has explicitly, unambiguously, and with a full understanding of the consequences withdrawn this appeal prior to the promulgation of a Board decision and there remains no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review those issues and they are dismissed.

REASONS FOR REMAND

1. Entitlement to an initial compensable rating for hypertension is remanded.

2. Entitlement to service connection for diabetes mellitus is remanded.

The Veteran contends that he has been treated for diabetes mellitus.  He testified that he has received treatment at the VA Cedar Park Clinic since 2018.  These records are not associated with the claims file.  These records may also be pertinent to the Veteran's claim for an initial compensable rating for hypertension.

The record was held open for 90 days after the hearing to allow the Veteran to submit additional private records, and for the VA records to be uploaded. 

While the Veteran submitted the private records, the identified VA records have not been associated with the claims file.  Updated records should be obtained on remand.

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The matters are REMANDED for the following action:

Obtain the Veteran's VA treatment records from the Cedar Park Clinic from January 2018 to the present.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. G. Mazzucchelli, 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.