Citation Nr: 21067597 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 17-31 928 DATE: November 4, 2021 ORDER Entitlement to an increased evaluation higher than 50 percent for mood disorder is dismissed. Entitlement to an increased evaluation higher than 20 percent for left shoulder degenerative joint disease and impingement with impairment of the humerus status-post SLAP repair and debridement is dismissed. Entitlement to an increased evaluation higher than 20 percent for right shoulder sprain is dismissed. Entitlement to an increased evaluation higher than 10 percent for left knee degenerative arthritis is dismissed. Entitlement to an increased evaluation higher than 10 percent for right knee degenerative arthritis is dismissed. Entitlement to an increased evaluation higher than 10 percent for asthma is dismissed. Entitlement to an increased compensable evaluation for right wrist degenerative joint disease is dismissed. Entitlement to an increased compensable evaluation for erectile dysfunction is dismissed. Entitlement to an increased compensable evaluation for degenerative joint disease and rheumatoid arthritis of the right hand index finger is dismissed. Entitlement to an increased compensable evaluation for maxillary sinusitis is dismissed. Entitlement to an increased compensable evaluation for allergic rhinitis is dismissed. REMANDED Entitlement to an increased evaluation higher than 10 percent for lumbar spine degenerative disc disease L5-S1 is remanded. Entitlement to a compensable evaluation for left testicular varicocele with right testicular pain and tenderness of uncertain etiology is remanded. Entitlement to an increased compensable evaluation for restless leg syndrome is remanded. Entitlement to service connection for a traumatic brain injury is remanded. FINDINGS OF FACT 1. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to an increased evaluation higher than 50 percent for mood disorder. 2. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to an increased evaluation higher than 20 percent for left shoulder degenerative joint disease and impingement with impairment of the humerus status post SLAP repair and debridement. 3. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to increased evaluation higher than 20 percent for right shoulder sprain. 4. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to an increased evaluation higher than 10 percent for left knee degenerative arthritis. 5. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to an increased evaluation higher than 10 percent for right knee degenerative arthritis. 6. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to an increased evaluation higher than 10 percent for asthma. 7. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to increased compensable evaluation for right wrist degenerative joint disease. 8. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to increased compensable evaluation for erectile dysfunction. 9. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to increased compensable evaluation for degenerative joint disease and rheumatoid arthritis of the right hand index finger. 10. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to increased compensable evaluation for maxillary sinusitis. 11. Prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal for entitlement to increased compensable evaluation for allergic rhinitis. CONCLUSIONS OF LAW 1. The criteria for dismissal of entitlement to an evaluation higher than 50 percent for mood disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for dismissal of entitlement to an increased evaluation higher than 20 percent for left shoulder degenerative joint disease and impingement with impairment of the humerus status post SLAP repair and debridement have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for dismissal of entitlement to an increased evaluation higher than 20 percent for right shoulder sprain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for dismissal of entitlement to an increased evaluation higher than 10 percent for left knee degenerative arthritis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for dismissal of entitlement to an increased evaluation higher than 10 percent for right knee degenerative arthritis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for dismissal of entitlement to an increased evaluation increased evaluation higher than 10 percent for asthma have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for dismissal of entitlement to an increased compensable evaluation for right wrist degenerative joint disease have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 8. The criteria for dismissal of entitlement to increased compensable evaluation for erectile dysfunction have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 9. The criteria for dismissal of entitlement to increased compensable evaluation for degenerative joint disease and rheumatoid arthritis of the right hand index finger have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 10. The criteria for dismissal of entitlement to an increased compensable evaluation for maxillary sinusitis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 11. The criteria for dismissal of entitlement to an increased compensable evaluation for allergic rhinitis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The appellant is a Veteran who served on active duty from November 1990 to November 2004, and from June 2006 to May 2012. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the , Department of Veterans Affairs (VA) Regional Office (RO). In October 2021 a Board hearing was held before the undersigned. DISMISSED 1. Entitlement to an increased evaluation higher than 50 percent for mood disorder. 2. Entitlement to an increased evaluation higher than 20 percent for left shoulder degenerative joint disease and impingement with impairment of the humerus status-post SLAP repair and debridement. 3. Entitlement to an increased evaluation higher than 20 percent for right shoulder sprain. 4. Entitlement to an increased evaluation higher than 10 percent for left knee degenerative arthritis. 5. Entitlement to an increased evaluation higher than 10 percent for right knee degenerative arthritis. 6. Entitlement to an increased evaluation higher than 10 percent for asthma. 7. Entitlement to an increased compensable evaluation for right wrist degenerative joint disease. 8. Entitlement to an increased compensable evaluation for erectile dysfunction. 9. Entitlement to an increased compensable evaluation for degenerative joint disease and rheumatoid arthritis of the right hand index finger. 10. Entitlement to an increased compensable evaluation for maxillary sinusitis. 11. Entitlement to an increased compensable evaluation for allergic rhinitis. 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. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. At the October 2021 hearing, the Veteran withdrew the appeal on the issues of entitlement to an increased evaluation higher than 50 percent for mood disorder, entitlement to an increased evaluation higher than 20 percent for left shoulder degenerative joint disease, entitlement to an increased evaluation higher than 20 percent for right shoulder sprain, entitlement to an increased evaluation higher than 10 percent for left knee degenerative arthritis, entitlement to an increased evaluation higher than 10 percent for right knee degenerative arthritis, entitlement to an increased evaluation higher than 10 percent for asthma, entitlement to an increased compensable evaluation for right wrist degenerative joint disease, entitlement to an increased compensable evaluation for erectile dysfunction, entitlement to an increased compensable evaluation for degenerative joint disease and rheumatoid arthritis of the right hand index finger, entitlement to an increased compensable evaluation for maxillary sinusitis and entitlement to an increased compensable evaluation for allergic rhinitis. He requested dismissal knowingly and with full knowledge of the consequences of his request. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these issues on appeal and they are dismissed. REASONS FOR REMAND 1. Entitlement to an increased evaluation higher than 10 percent for lumbar spine degenerative disc disease L5-S1 is remanded. 2. Entitlement to a compensable evaluation for left testicular varicocele with right testicular pain and tenderness of uncertain etiology is remanded. 3. Entitlement to an increased compensable evaluation for restless leg syndrome is remanded. At the Board hearing the Veteran testified to a worsening of his lumbar spine condition, testicular varicocele condition, and restless leg syndrome. The Veteran last underwent an examination in 2012. There are VA treatment records associated with the file through 2017. A remand is needed to obtain updated records and examinations. 4. Entitlement to service connection for a traumatic brain injury is remanded. In September 2013 the Veteran underwent an examination. The examiner stated it was not possible to determine whether it was at least as likely as not that the Veteran's TBI was related to service, without resorting to mere speculation. No further explanation as to why an opinion could not be rendered was provided. An examination is needed to assess the etiology of the claimed traumatic brain injury with a more thorough review of the Veteran's claim of service connection. The matters are REMANDED for the following action: 1. Obtain and associate with the Veteran's claims file all ongoing private and VA treatment records. 2. Schedule the Veteran for an appropriate VA examination to evaluate the current severity of his lumbar spine degenerative disc disease. The Veteran's claims file should be made available for review by the examiner in conjunction with the examination. All indicated studies should be performed. The examiner is asked to ensure that the examination includes the findings required by Correia v. McDonald, 28 Vet. App. 158 (2016), Sharp v. Shulkin, 29 Vet. App. 26 (2017). 3. Schedule the Veteran for an appropriate VA examination to evaluate the current severity of his left testicular varicocele with right testicular pain and tenderness. The Veteran's claims file should be made available for review by the examiner in conjunction with the examination. All indicated studies should be performed. 4. Schedule the Veteran for an appropriate VA examination to evaluate the current severity of his restless leg syndrome. The examiner is asked to state whether the Veteran has radiculopathy, and if so, if it is possible to differentiate the symptoms from his restless leg syndrome. The Veteran's claims file should be made available for review by the examiner in conjunction with the examination. All indicated studies should be performed. 5. Afford the Veteran a VA examination to determine the nature and etiology of his claimed TBI. The examiner is asked to address the following: a) Is it at least as likely as not that TBI is related to his service? The examiner is also asked to provide a rationale for all opinions reached. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Skiouris, 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.