Citation Nr: 21063734 Decision Date: 10/15/21 Archive Date: 10/15/21 DOCKET NO. 17-45 835 DATE: October 15, 2021 ORDER Entitlement to service connection for bilateral hearing loss is dismissed. REMANDED Entitlement to service connection for a left knee disability is remanded. FINDING OF FACT During his July 2021 Board hearing before the undersigned, and prior to the promulgation of a decision in the appeal, the Veteran requested the withdrawal of his appeal of the claim for service connection for bilateral hearing loss. CONCLUSION OF LAW The criteria for dismissal of entitlement to service connection for bilateral hearing loss 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 Marine Corps from September 2009 to September 2013. These matters come to the Board from a March 2015 rating decision. The Veteran appeared before the undersigned at a July 2021 Board hearing. The transcript is in the record. 1. Entitlement to service connection for bilateral hearing loss 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Appeal withdrawals must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn. 38 C.F.R. § 19.55. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. An oral withdrawal made at a Board hearing must be explicit, unambiguous, and done with a full understanding of the consequences of such action by the appellant and the subsequent Board dismissal must include findings as to all three elements. See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018) adopting the rule of DeLisio v. Shinseki, 25 Vet. App. 45, 57-58 (2011). During his July 2021 hearing before the undersigned, and after identifying him by his name and claims file number, the Veteran stated that he wished to withdraw his claims for service connection for a bilateral hearing loss disability. The undersigned clearly identified the withdrawn issue, and the Veteran affirmed that he was requesting a withdrawal of the appeals for bilateral hearing loss. The Veteran's full understanding of the consequences is shown as the Veteran withdrew the issues after consultation with his attorney and the Veteran verbalized understanding that the appeal would be dismissed, and no decision would be rendered. The requirements of 38 C.F.R. § 19.55 as well as Acree are shown to have been met. Thus, as the Veteran has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the appeal of the claims for service connection for a bilateral hearing loss disability, and the issue is dismissed. REASONS FOR REMAND 1. Entitlement to service connection for a left knee disability is remanded. The Veteran reports onset of his left knee pain was at the same as his service connected right knee. He states he would wear heavy packs and jump in and out of vehicles which put pressure and strain on his knees causing pain. He adds that he did not seek treatment because he was afraid it would delay his separation and that he treated with over the counter medication after separation. Medical records reveal complaints of bilateral knee pain as early as September 2014. A February 2015 VA examination diagnosed left knee strain. The examiner noted the Veteran's report of jumping from a truck several times a day, experiencing knee pain "once he left military service," and having progressive knee problems since that time. No nexus opinion was provided. Such renders the VA opinion inadequate. The matter is REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any chronic left knee disability. After reviewing the claims file and examining the Veteran, the examiner should address the following: (a.) Identity/diagnose any disability or functional impairment of the left knee that presently exists or that has existed during the appeal period. Consideration should be given to the previously identified left knee strain as well as diagnosis of chondromalacia in September 2017. (b.) For any identified disability or disorder of the left knee, opine whether it is at least as likely as not that it had its onset in service or is related to active service. The examiner must consider and address the Veteran's report that his left knee began hurting at the same time as his right knee and that the pain is associated with carrying heavy loads while jumping in and out of high vehicles. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Rekowski 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.