Citation Nr: 21064470 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 19-03 173A DATE: October 20, 2021 ORDER Entitlement to service connection for memory loss is withdrawn. REMANDED Entitlement to service connection for peripheral neuropathy of the right upper extremity, to include as secondary to service-connected disabilities, is remanded. Entitlement to service connection for peripheral neuropathy of the left upper extremity, to include as secondary to service-connected disabilities, is remanded. Entitlement to service connection for headaches, to include as secondary to service-connected disabilities, is remanded. Entitlement to service connection for traumatic brain injury (TBI) is remanded. FINDING OF FACT In June 2021, prior to the promulgation of a decision in the appeal, the Veteran testified before the undersigned Veterans Law Judge requesting to withdraw his service connection claim for memory loss. CONCLUSION OF LAW The criteria for withdrawal of the claim for service connection for memory loss by the Veteran 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 military service from June 1971 to August 1974. These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran and his wife testified before the undersigned Veterans Law Judge during a June 2021 virtual Board hearing. A transcript of the hearing has been associated with the file. 1. Entitlement to service connection for memory loss is withdrawn. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In the present case, the Veteran provided verbal testimony during his June 2021 Board hearing requesting a withdrawal of his service connection claim for memory loss. See Hearing Transcript, Page 2. He did so knowingly and with full understanding of the consequences of such a withdrawal. Hence, there remain no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the issue on appeal and it is dismissed. REASONS FOR REMAND 2. Entitlement to service connection for peripheral neuropathy of the right upper extremity, to include as secondary to service-connected disabilities 3. Entitlement to service connection for peripheral neuropathy of the left upper extremity, to include as secondary to service-connected disabilities 4. Entitlement to service connection for headaches, to include as secondary to service-connected disabilities 5. Entitlement to service connection for a TBI The Veteran contends that his upper extremity neuropathy, headaches, and TBI are related to service. Upon review of the record, the Board finds that a remand is warranted to obtain outstanding treatment records and to provide new VA examinations. The record appears incomplete. During the June 2021 Board hearing, the Veteran indicated that he has received recent treatment at the Harlingen VAMC. However, the most recent records from Harlingen VAMC are from 2015. Therefore, remand is warranted to obtain Harlingen VAMC records, and any other records relevant to the claim. Additionally, the Veteran was last afforded a VA Peripheral Nerves examination in March 2015. Service connection for both the right and left upper extremity neuropathy was denied due to no clinical diagnosis of neuropathy. In June 2021, the Veteran testified to upper extremity pain, numbness, and tingling. The Board notes the Veteran is service connected for lower extremity neuropathy, associated with parachute jumps. Remand is necessary for both a direct and secondary medical opinion. During the June 2021 Board hearing, the Veteran testified that his headaches were often triggered by his other disabilities, to include his claimed TBI. As such, a remand is appropriate to obtain an opinion addressing both direct and secondary service connection. Regarding his service connection claim for a TBI, the Veteran was last afforded a VA examination in March 2015. The Board finds the March 2015 examination insufficient for rating purposes. In order to properly adjudicate the claim for a TBI, the Board finds that a new VA examination is needed. The matters are REMANDED for the following actions: 1. Contact Harlingen, TX VAMC to obtain all outstanding treatment records. If the records are not available, or the search yields negative results, it must be clearly documented in the claims file. 2. Arrange for a VA examination with an examiner of appropriate expertise to ascertain the current nature and etiology of the Veteran's right and left upper extremity neuropathy disabilities. All necessary tests should be conducted. The claims file should be made available to and be reviewed by the examiner in conjunction with the examination. The examiner should opine: (a.) Whether it is at least as likely as not (50 percent or greater probability) that the current right and left upper extremity neuropathy disability had onset in service or are otherwise due to an in-service event, disease, or injury. (b.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's current right and left upper extremity neuropathy disability was caused by or aggravated by any service-connected disability. The examiner is asked to provide an opinion as to BOTH causation and aggravation. 3. Arrange for a VA examination with an examiner of appropriate expertise to ascertain the current nature and etiology of the Veteran's headaches. All necessary tests should be conducted. The claims file should be made available to and be reviewed by the examiner in conjunction with the examination. The examiner should opine: (a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's current headaches had their onset in service or are otherwise due to an in-service event, disease, or injury. (b.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's current headaches were caused by or aggravated by any service-connected disability. The examiner is asked to provide an opinion as to BOTH causation and aggravation. 4. Arrange for a VA examination with an examiner of appropriate expertise to ascertain the current nature and etiology of the Veteran's contended TBI. All necessary tests should be conducted. The claims file should be made available to and be reviewed by the examiner in conjunction with the examination. The examiner should opine: (a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's contended TBI had its onset in service or is otherwise due to an in-service event, disease, or injury. In providing the requested opinion, consider the Veteran's description of his in-service injury symptoms, post-service symptoms, and the February 1974 service treatment record noting a laceration to the occipital region. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Krista Johnson, 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.