Citation Nr: 21063936 Decision Date: 10/18/21 Archive Date: 10/18/21 DOCKET NO. 18-08 688 DATE: October 18, 2021 ORDER Entitlement to service connection for blood in the stool has been withdrawn. Entitlement to service connection for elevated cholesterol has been withdrawn. Entitlement to service connection for hypertension has been withdrawn. Entitlement to service connection for elevated liver enzymes, also claimed as hyperuricemia has been withdrawn. Entitlement to service connection for a lung disease other than asthma has been withdrawn. Entitlement to service connection for right ear hearing loss has been withdrawn. Entitlement to a rating in excess of 10 percent for left foot hallux valgus has been withdrawn. Entitlement to a rating in excess of 10 percent for right knee patellofemoral syndrome has been withdrawn. Entitlement to a rating in excess of 10 percent for left knee patellofemoral syndrome has been withdrawn. Entitlement to a compensable rating for left ear hearing loss has been withdrawn. Entitlement to a rating in excess of 10 percent for a left long finger disability has been withdrawn. REMANDED Entitlement to service connection for a cervical spine strain is remanded. Entitlement to service connection for migraine headaches, to include as secondary to service-connected posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for left lower extremity radiculopathy is remanded. Entitlement to service connection for bilateral pes planus is remanded. Entitlement to service connection for right lower extremity radiculopathy is remanded. Entitlement to service connection for asthma is remanded. Entitlement to a compensable rating for residual scar status post left foot bunionectomy is remanded. Entitlement to a rating in excess of 10 percent for right foot hallux valgus is remanded. Entitlement to a disability rating in excess of 70 percent for service-connected PTSD is remanded. Entitlement to a rating in excess of 10 percent for degenerative disc disease of the lumbar spine is remanded. FINDING OF FACT At his February 2021 hearing, the Veteran withdrew his claims for service connection for blood in the stool, elevated cholesterol, hypertension, elevated liver enzymes, also claimed as hyperuricemia, a lung disease other than asthma, right ear hearing loss, a rating in excess of 10 percent for left foot hallux valgus, a rating in excess of 10 percent for right knee patellofemoral syndrome, a rating in excess of 10 percent for left knee patellofemoral syndrome, a compensable rating for left ear hearing loss, and a rating in excess of 10 percent for a left long finger disability. CONCLUSION OF LAW The criteria for withdrawal of the claims for service connection for blood in the stool, elevated cholesterol, hypertension, elevated liver enzymes, also claimed as hyperuricemia, a lung disease other than asthma, right ear hearing loss, a rating in excess of 10 percent for left foot hallux valgus, a rating in excess of 10 percent for right knee patellofemoral syndrome, a rating in excess of 10 percent for left knee patellofemoral syndrome, a compensable rating for left ear hearing loss, and a rating in excess of 10 percent for a left long finger disability by the appellant and his or her authorized representative 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 November 1995 to November 2015. This matter comes before the Board of Veterans' Appeals (Board) on appeal from December 2018, January 2018, and August 2017 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran appeared and testified at a virtual Board hearing before the undersigned Veterans Law Judge. 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, the appellant has withdrawn the claims of entitlement to service connection for service connection for blood in the stool, elevated cholesterol, hypertension, elevated liver enzymes, also claimed as hyperuricemia, a lung disease other than asthma, right ear hearing loss, a rating in excess of 10 percent for left foot hallux valgus, a rating in excess of 10 percent for right knee patellofemoral syndrome, a rating in excess of 10 percent for left knee patellofemoral syndrome, a compensable rating for left ear hearing loss, and a rating in excess of 10 percent for a left long finger disability and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these appeals and they are dismissed. REASONS FOR REMAND Entitlement to service connection for a cervical spine strain is remanded. Entitlement to service connection for migraine headaches, to include as secondary to service-connected PTSD is remanded. Entitlement to service connection for left lower extremity radiculopathy is remanded. Entitlement to service connection for bilateral pes planus is remanded. Entitlement to service connection for right lower extremity radiculopathy is remanded. Entitlement to service connection for asthma is remanded. Entitlement to a compensable rating for residual scar status post left foot bunionectomy is remanded. Entitlement to a rating in excess of 10 percent for right foot hallux valgus is remanded. Entitlement to a disability rating in excess of 70 percent for service connected PTSD is remanded. Entitlement to a rating in excess of 10 percent for degenerative disc disease of the lumbar spine is remanded. Regarding the claims for entitlement to service connection for a cervical spine strain, migraine headaches, to include as secondary to service-connected PTSD, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, bilateral pes planus, asthma, a compensable rating for left foot scar, a rating in excess of 10 percent for right foot hallux valgus, a rating in excess of 70 percent for service-connected PTSD, and a rating in excess of 10 percent for degenerative disc disease of the lumbar spine, remand is required to allow VA to obtain authorization and request outstanding private treatment records. At his February 2021 Board hearing, the Veteran identified records from Dr. H.C. Although the Veteran's representive said these records would be submitted, no records have been received by VA and the record only contains limited records from his treating phsyician. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for Dr. H.C. Make two requests for the authorized records from Dr. H.C. unless it is clear after the first request that a second request would be futile. 2. If any additional records received pertain to a disability on appeal for service connection, obtain a new opinion from an appropriate examiner regarding the nature and etiology of that disability. The need for another examination is left to the discretion of the examiner. If any additional records pertain to a disability on appeal for an increased rating, schedule the Veteran for an examination to determine the severity of that disability. 3. Readjudicate the claims on appeal. MICHAEL KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Uller, 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.