Citation Nr: 21071420 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 16-18 287 DATE: November 30, 2021 ORDER The appeal as to entitlement to staged increased ratings for fibromyalgia are dismissed. The appeal as to entitlement to staged increased ratings for conjunctivitis are dismissed. The appeal as to entitlement to staged increased ratings for right thumb injury are dismissed. REMANDED Entitlement to service connection for a respiratory disorder, to include as due to exposure to environmental hazards, to include as due to Gulf War syndrome, is remanded. FINDING OF FACT On August 19, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal for increased ratings for fibromyalgia, conjunctivitis, and right thumb injury is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal for entitlement to increased staged ratings for fibromyalgia have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal for entitlement to increased staged ratings for conjunctivitis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal for entitlement to increased staged ratings for a right thumb injury have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served in the U.S. Navy from April 1988 to April 1992. His awards include the Southwest Asia Service Medal with Bronze Star. These matters come before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared and testified at a personal hearing in March 2019 before the undersigned Veterans Law Judge. A transcript of the hearing is contained in the record. This claim was previously before the Board in October 2019. The October 2019 Board decision reopened his service connection claim for a respiratory disorder, and remanded the claim to obtain private treatment records, and to afford the Veteran a VA examination. The October 2019 Board decision remanded entitlement ot service connection for a respiratory disorder, increased rating for conjunctivitis, increased rating for right thumb strain, and increased staged ratings for fibromyalgia. Following the Board remand, an October 2020 rating decision provided an increased staged rating for fibromyalgia, increased staged rating for conjunctivitis, and increased staged rating for right thumb disability. The Veteran withdrew his increased rating claims in an August 2021 statement. 1. Entitlement to staged increased ratings for fibromyalgia are dismissed. 2. Entitlement to staged increased ratings for conjunctivitis are dismissed. 3. Entitlement to staged increased ratings for right thumb injury are dismissed. An October 2020 rating decision provided increased staged ratings for fibromyalgia, conjunctivitis, and right thumb strain. In January 2021 the Veteran submitted a statement requesting that VA "pull his records" from pulmonary, allergy, and throat study from December 2020 and that he submitted a pulmonary/allergy/throat records to the Silverdale CBOC. He also stated that he "opted to sign the Appeals Satisfaction Notice from November 2020." The signed Appeals Satisfaction Notice was not contained in the record. In July 2021, the Board sent the Veteran a letter asking him to clarify which issue(s) he was satisfied with and wished to withdraw. The letter instructed him to contact his representative regarding any questions on withdrawal of claims, and to sign and date any statements. 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. 38 C.F.R. § 20.205. The written withdrawal must include the name of the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1 (2020). On August 19, 2021, the Veteran submitted a signed statement that he was satisfied with the decisions on his claims for increased ratings for fibromyalgia, conjunctivitis, and a right thumb injury. He stated that he was not satisfied with the denial of his claim for service connection for a pulmonary/lung issue, and he wished to continue his appeal of that claim. The Veteran's statement was signed and dated and contained the requisite information. The Board finds that such statement satisfies the requirements for a written withdrawal as to these issues. As a result, there remain no allegations of error of fact or law for appellate consideration with regard to these issues. Accordingly, they are therefore dismissed. REASONS FOR REMAND 1. Entitlement to service connection for a respiratory disorder, to include as due to exposure to environmental hazards, to include as due to Gulf War syndrome, is remanded. As noted above, the Board reopened and remanded the Veteran's respiratory disorder claim in an October 2019 decision. The Board remanded for private treatment records and for the Veteran to be afforded another VA examination with medical opinions. The Veteran also provided a release for medical records from Harrison Health Partners Pulmonary in August 2020; however, the request was rejected as "illegible." The Veteran was notified and requested that he either resubmit a release or copies of the records. In January 2021, the Veteran submitted a statement that he had repeated issues with mail delays and his health, and was having difficulties obtaining his medical records. He stated he submitted his pulmonary records and "breathing/throat issues (Allergy, Throat Study), to the "VA Health Care Administration (VA Silverdale CBOC) on December 11, 2020." He requested that the Board pull these pulmonary/throat records prior to issuing a decision. The most recent VA treatment records contained in the record are dated from September 2020. The private treatment records (pulmonary/allergy/throat study) the Veteran referenced in his January 2021 and August 2021 statements are not currently contained in the claims file. On remand, these records must be added to the electronic file. If the records contain any relevant diagnoses, then the Veteran must be afforded an updated VA examination with nexus opinion. The matters are REMANDED for the following action: 1. Obtain ongoing VA treatment records from September 2020 to the present. 2. Upload copies of all private pulmonary treatment records submitted to the Silverdale CBOC in December 2020, including an Allergy/Throat Study, to the Veteran's virtual file in the Veterans Benefits Management System. 3. Request the Veteran provide a release for or submit any outstanding private pulmonary treatment records. 4. If the newly obtained records contain any relevant diagnoses, then the Veteran must be afforded an updated VA examination with nexus opinion. 5. After completing the development requested above, readjudicate the Veteran's claim. If any of the benefits sought are not granted in full, the Veteran and his representative should be furnished a Supplemental Statement of the Case and given the opportunity to respond thereto. The case should then be returned to the Board, if otherwise in order. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. H. Stubbs, 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.