Citation Nr: 21070191 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 18-38 703 DATE: November 23, 2021 ORDER As the claim is withdrawn, the claim for entitlement to service connection for a right knee disorder is dismissed. As the claim is withdrawn, the claim for entitlement to service connection for a respiratory disorder, to include bronchitis is dismissed As the claim is withdrawn, the claim for entitlement to service connection for dyslipidemia is dismissed. As the claim is withdrawn, the claim for entitlement to service connection for warts is dismissed. As the claim is withdrawn, the claim for entitlement to service connection for a right ankle disorder is dismissed. Entitlement to service connection for degenerative disc disease with degenerative spondylosis of the lumbar spine disability is granted. FINDINGS OF FACT 1. During her July 2021 Board hearing, prior to the promulgation of a decision in the appeal, the Veteran notified the Board that she sought to withdraw her claim for entitlement to service connection for right knee disorder, respiratory disorder, dyslipidemia, warts, and right ankle disorder. 2. Resolving reasonable doubt in the Veteran's favor, the competent evidence of record demonstrates her current degenerative disc disease and degenerative spondylosis of the lumbar spine are a result of her military service. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to service connection for a right knee disorder by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to service connection for a respiratory disorder, to include bronchitis by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of entitlement to service connection for dyslipidemia by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of entitlement to service connection for warts by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of entitlement to service connection for a right ankle disorder by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for entitlement to service connection for degenerative disc disease with degenerative spondylosis of the lumbar spine disability have been met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Marine Corps from January 2006 to October 2011. She had additional service in the Reserves. The Agency of Original Jurisdiction (AOJ) denied the claims for service connection for low back condition, right knee condition, and bronchitis in an October 2014 rating decision. Shortly thereafter, the Veteran submitted a request for reconsideration of those claims along with additional medical records. See 38 C.F.R. § 3.156(b). The AOJ confirmed and continued the denial of those claims as well as denied the claims for service connection for warts, dyslipidemia, and right ankle disorder in a March 2015 rating decision. The Veteran timely appealed. In July 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ) during a Board videoconference hearing. A copy of the hearing transcript has been associated with the claims folder. 1. Entitlement to service connection for a right knee disorder 2. Entitlement to service connection for a respiratory disorder, to include bronchitis 3. Entitlement to service connection for dyslipidemia 4. Entitlement to service connection for warts 5. Entitlement to service connection for a right ankle disorder Issues 1-5: 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. 38 C.F.R. § 19.55. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by a veteran or by an authorized representative and must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action by the appellant. Acree v. O'Rourke, 891 F.3d 1009, 1012 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45, 5758 (2011); 38 C.F.R. § 19.55. In the present case, the Veteran notified the undersigned VLJ at her July 2021 Board hearing that she sought to withdraw her appeal for the claims of entitlement to service connection for (1) right knee disorder, (2) a respiratory disorder, to include bronchitis, (3) dyslipidemia, (4) warts, and (5) a right ankle disorder. See Hearing Transcript (July 2021). This request was clear, unambiguous and made with full understanding of the consequences and in consultation with her representative. See DeLisio, 25 Vet. App. at 57 (2011); see also Acree, 891 F.3d at 1009. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal of these matters and they are dismissed. 6. Entitlement to service connection for back disability diagnosed as degenerative disc disease with degenerative spondylosis of the lumbar spine is granted. The Veteran contends that her current low back disorder is a result of period of service. She believes that she developed current low back problems as a result of the wear and tear due to the physical demands of her military service, to include performing duties as a Marine Security Guard. See Hearing Transcript (July 2021). The Veteran testified that she first experienced low back pain during her active duty service but did not want to seek medical attention because of fear that it would hold up her separation. However, shortly after starting her terminal leave, she realized that she had serious back problem that required medical attention and she received urgent care treatment in October 2011. The Veteran further testified that she continued to experience low back pain since then, although she did not seek treatment again until after her separation from her Reserve service in 2014. Instead, she dealt with the back pain and self-treated with over-the-counter pain medication, messages, and yoga. See Id. The Veteran has submitted lay statements from her sister and a fellow servicemember, who both attest that they observed the Veteran experienced low back pain during her active service, and that she has continued to experience low back. They both stated that they had witnessed the Veteran manage her back pain with over-the-counter medication, stretching, messages, chiropractic care, and yoga. See Hearing Related (lay statements in support the case from G.S. and S.M.) (July 2021). Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995). The Board concludes that the Veteran has a current disability, degenerative disc disease with spondylosis of the lumbar spine that is related to her military service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). Service treatment records show that, on her September 2011 report of medical examination (ROME) prior to separation, the Veteran's spine was evaluated as abnormal and there were objective findings of lumbar spine tenderness with positive "FAROM" and negative straight leg raise test, bilaterally. However, the Veteran denied any history of recurrent back pain on the associated report of medical history (ROMH). See STR (August 2014). In addition, the available medical records include an October 7, 2011 private urgent care treatment record which shows the Veteran presented with complaint of intermittent pain in the right lower extremity since October 1, 2011. She denied any specific injury, but she described a gradual onset. She reported that she had been moving some boxes at the end of September when she developed lower back pain on right side. The low back pain had mostly resolved but then she started having RLE pain. Clinical evaluation revealed positive straight leg raise on the left for positive RLE. She was assessed with lower back pain (lumbago) and sciatica. This assessment comes two weeks prior to her separation from active service. See STR (October 2014). However, the Veteran did not seek medical treatment for low back disorder again until May 2014. Current private treatment records show that the Veteran has current diagnoses of degenerative disc disease and degenerative spondylosis of the lumbar spine. See Hearing Related (private treatment records from Discovery Chiropractic) (July 2017). Thus, the question becomes whether her current diagnosed lumbar spine disability is related to her military service. On this question, the Veteran has submitted two favorable medical opinions which link the Veteran's current degenerative disc disease with degenerative spondylosis to her military service. The record contains a March 2020 private medical statement from R.J.D., M.D. and a March 2021 private medical statement from C.A.H, D.C., in which both medical providers concluded that the Veteran's current degenerative disc disease with degenerative spondylosis of the lumbar spine is more likely the result of her military service. Each medical provider noted a review of the Veteran's service medical and post-service medical records, and each was familiar with her military occupational specialty (MO) duties that required her to stand for prolonged periods, move heavy equipment, as well as wear full combat gear and body armor while performing tasks and physical training exercises. The private medical statements also included the Veteran's reported history of low back pain since her active service. In support of the favorable medical conclusion, the private medical providers both noted that the types of injuries suffered by the Veteran are common for active duty Marines, and the pathology seen on her diagnostic imaging reports and her complaints are likely due to repetitive pressure placed on the body, repetitive wear and tear on the vertebral body, major joints, muscles ligament, and tendons over sustained period. Her types of injuries are normally associated with individual of much more advanced age, and it was felt that the military training and requirements associated with her Marine Corps career accelerated deteriorating process. See Hearing-Related (July 2021). There is no contrary medical opinion of record against service connection for degenerative disc disease with degenerative spondylosis of the lumbar spine that could be weighed against these positive opinions. Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's current degenerative disc disease and degenerative spondylosis of the lumbar spine are related to active service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for degenerative disc disease with degenerative spondylosis of the lumbar spine is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. M., 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.