Citation Nr: 21009062 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 16-45 927 DATE: February 18, 2021 ORDER The appeal seeking entitlement to service connection for a low back disability is dismissed. The appeal seeking entitlement to service connection for a left knee disability is dismissed. REMANDED Service connection for a left shoulder disability is remanded. FINDING OF FACT During the January 2021 Board hearing, the Veteran withdrew the issues entitlement to service connection for a low back disability and left knee disability. CONCLUSION OF LAW The criteria for withdrawal of the issues of entitlement to service connection for a low back disability and a left knee disability are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 2010 to June 2014 in the United States Marine Corps. This matter comes before the Board of Veterans’ Appeals (Board) from an October 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. Withdrawn Claims The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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, during the January 2021 Board hearing, the Veteran explicitly, unambiguously, and with a full understanding of the consequences, withdrew the issues of entitlement to service connection for a low back disability and left knee disability. Therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals for those claims and they are dismissed. REASONS FOR REMAND Left Shoulder The Veteran contends that he has a left shoulder disability that is directly related to service. The Veteran was afforded a VA examination in October 2014, however the examiner found that the Veteran did not have a current disability and therefore did not provide an opinion as to whether his claimed left shoulder disability is etiologically related to service. During the January 2021 Board hearing, the Veteran testified that his left shoulder pain causes functional impairment. Accordingly, the Board finds that a new VA examination is warranted. Additionally, the Veteran’s military personnel records appear incomplete. Notably, while the record contains the Veteran’s DD Form 214 and service treatment records, there are no other military personnel records, to include a list of duty assignments. Accordingly, the Veteran’s complete military personnel records should be obtained on remand. The matter is REMANDED for the following action: 1. Contact any appropriate source to obtain the Veteran’s complete military personnel records. All efforts to obtain these records should be documented in the claims file. If the records are unavailable, a formal finding should be included in the claims file and sent to the Veteran. 2. Obtain any outstanding VA treatment records. 3. Schedule the Veteran for an examination by an appropriate physician to determine the nature and etiology of any left shoulder disability. The examiner should note that pain alone that rises to the level of functional impairment may be a disability. If a diagnosis or functional impairment is not shown, it should be explained why that is so. All necessary tests should be conducted, and results reported. In addition, the examiner must elicit from the Veteran a full description of his flare-ups, to include the severity, frequency, duration, precipitating and alleviating factors, and extent of functional impairment of flares. The examiner must opine whether it is at least as likely as not that the Veteran’s left shoulder disability had its onset during service, within one year of service, or is related to any in-service disease, injury, or event. The examiner should consider the documented in-service treatment for left shoulder pain, rotator cuff tendinitis, torticollis, and the Veteran’s report of intermittent left shoulder pain at separation. The examiner should elicit a full history from the Veteran and consider his testimony and lay statements of record, including that he has left shoulder pain that began during service. A complete rationale must be provided for all opinions offered. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Kernen, 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.