Citation Nr: 21009891 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 15-06 982 DATE: February 23, 2021 ORDER The issue of entitlement to a rating in excess of 10 percent for left knee strain has been withdrawn. The issue of entitlement to a rating in excess of 10 percent for residuals of left ankle sprain has been withdrawn. The issue of entitlement to a compensable rating for tinea pedis has been withdrawn. The issue of entitlement to service connection for hearing loss has been withdrawn. The issue of entitlement to service connection for dry eye syndrome has been withdrawn. The issue of whether new and material evidence has been received with respect to the claim of service connection for bilateral vision loss has been withdrawn. REMANDED Entitlement to service connection for colon polyps, to include as secondary to service-connected irritable bowel syndrome (IBS) and as a qualifying chronic disability under 38 U.S.C. § 1117 and 38 C.F.R. § 3.317 is remanded. FINDINGS OF FACT 1. In January 2021, prior to the promulgation of a decision in the matter, the Veteran submitted a request to withdraw his appeal on the issue of entitlement to a rating in excess of 10 percent for left knee strain; there are no questions of fact or law in this matter remaining for the Board to consider. 2. In January 2021, prior to the promulgation of a decision in the matter, the Veteran submitted a request to withdraw his appeal on the issue of entitlement to a rating in excess of 10 percent for residuals of left ankle sprain; there are no questions of fact or law in this matter remaining for the Board to consider. 3. In January 2021, prior to the promulgation of a decision in the matter, the Veteran submitted a request to withdraw his appeal on the issue of entitlement to a compensable rating for tinea pedis; there are no questions of fact or law in this matter remaining for the Board to consider. 4. In January 2021, prior to the promulgation of a decision in the matter, the Veteran submitted a request to withdraw his appeal on the issue of entitlement to service connection for hearing loss; there are no questions of fact or law in this matter remaining for the Board to consider. 5. In January 2021, prior to the promulgation of a decision in the matter, the Veteran submitted a request to withdraw his appeal on the issue of entitlement to service connection for dry eye syndrome; there are no questions of fact or law in this matter remaining for the Board to consider. 6. In January 2021, prior to the promulgation of a decision in the matter, the Veteran submitted a request to withdraw his appeal on the issue whether new and material evidence has been received with respect to the claim of service connection for bilateral vision loss; there are no questions of fact or law in this matter remaining for the Board to consider. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for left knee strain by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for residuals of left ankle sprain by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the issue of entitlement to a compensable rating for tinea pedis by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the issue of entitlement to service connection for hearing loss by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the issue of entitlement to service connection for dry eye syndrome by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of the issue of whether new and material evidence has been received with respect to the claim of service connection for bilateral vision loss by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS 1. Entitlement to a rating in excess of 10 percent for left knee strain 2. Entitlement to a rating in excess of 10 percent for residuals of left ankle sprain 3. Entitlement to a compensable rating for tinea pedis 4. Entitlement to service connection for hearing loss 5. Entitlement to service connection for dry eye syndrome 6. Whether new and material evidence has been received with respect to the claim of service connection for bilateral vision loss 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, the appellant, through his authorized representative, has withdrawn his appeal as to the issues of entitlement to an increased rating for left knee strain, residuals of left ankle sprain, and tinea pedis and entitlement to service connection for hearing loss, dry eye syndrome, and bilateral vision loss. Hence, there remain no allegations of errors of fact or law for appellate consideration. The appellant submitted his withdrawal in writing in January 2021. Accordingly, the Board does not have jurisdiction to review the appeal as to those matters, and it is dismissed. REASONS FOR REMAND 1. Entitlement to service connection for colon polyps, to include as secondary to service-connected IBS and as a qualifying chronic disability under 38 U.S.C. § 1117 and 38 C.F.R. § 3.317 is remanded. The Veteran’s appeal of entitlement to service connection for colon polyps initially came to the Board of Veterans’ Appeals (Board) from an April 2013 rating decision. In July 2019, the Board denied the Veteran’s claim. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). In September 2020, the Court vacated the Board decision and remanded the Veteran’s claim for action consistent with the directives of a joint motion for remand (JMR). The record reflects that the Veteran separated from his last period of active service in March 2005. He first underwent a colonoscopy in 2007 at which time he was diagnosed with polyps. He has argued that the size and development of the polyps suggested they had been present for quite some time, thus may have been present when he was in service. The Board finds that on remand a VA opinion should be obtained that considers whether it is at least as likely as not that the Veteran’s colon polyps developed in service. The matters are REMANDED for the following action: (Continued on the next page)   Obtain a VA opinion as to whether it is at least as likely as not that the Veteran’s colon polyps, first diagnosed in 2007, actually developed during his active service, which ended in March 2005. The examiner should comment on the Veteran’s assertion that he was told at the 2007 colonoscopy that “they are of the impression that they had been present for some time based on the size/development.” The Veteran’s entire claims file should be reviewed and a full rationale given for all opinions expressed. A new VA examination is not required. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Christensen 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.