Citation Nr: 21027222 Decision Date: 05/05/21 Archive Date: 05/05/21 DOCKET NO. 17-55 380 DATE: May 5, 2021 ORDER Service connection for left foot disability is dismissed. FINDING OF FACT At the September 2020 Board hearing, the Veteran requested to withdraw her appeal for service connection for left foot disability. CONCLUSION OF LAW The criteria for withdrawal of the appeal for service connection for left foot disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from March 1985 to December 1985 and November 2001 to June 2002. The Veteran served in the Army Reserve, Navy Reserve, and Army National Guard with additional periods of active service. See February 2018 uploaded military history. The Veteran appeared for a hearing before the undersigned Veterans Law Judge (VLJ) in September 2020. The hearing transcript is associated with the claims file. Service connection for left foot disability The Board may dismiss any appeal which fails to allege specific error of fact or law. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 authorized representative. Id. At the September 2020 Board hearing, the Veteran requested to withdraw her appeal for service connection for left foot disability. The Board finds the withdrawal was explicit, unambiguous, and done with full understanding of the consequences of such action on the part of the claimant. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Hence, there remains no allegation of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the appeal and it is dismissed. REMANDED Service connection for respiratory disability is remanded. Service connection for right foot disability is remanded. Service connection for upper back disability is remanded. REASONS FOR REMAND 1. Service connection for respiratory disability The Veteran contends she was treated in May 1985 for viral syndrome. See May 1985 STR. She reports having sinus symptoms since this incident and later being diagnosed with chronic obstructive pulmonary disability (COPD). See September 2020 hearing testimony. VA treatment records show a diagnosis of chronic sinusitis and November 2015 addendum noted COPD changes. The Veteran submit an internet search showing acute sinusitis can be caused by a viral infection. See September 2020 uploaded document. The Veteran provided sufficient evidence of a current respiratory disability that may have manifested during or is related to a period of active service to warrant a medical examination and opinion. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 2. Service connection for right foot disability The Veteran contends she first injured her right foot in 1997 after a table fell on her foot. An August 1997 STR shows a table fell on the Veteran's right foot. The Veteran stated since that time, she experienced continued toe cramps, toenails grew crooked, one toenail is cracked, and her toenails rip off. See September 2020 hearing testimony. She reported seeing a podiatrist, records which are not associated with the claims file. The Veteran provided sufficient evidence of current right foot symptoms that may have manifested during or is related to a period of active service to warrant a medical examination and opinion. 3. Service connection for upper back disability The Veteran contends upper back disability related to her service-connected right shoulder disability. She stated when she uses her right arm/shoulder, she gets pain in the upper back and the neck area. The Veteran is competent to report upper back or neck pain when she uses her right shoulder. The Veteran provided sufficient evidence of upper back or neck symptoms that may be related to her service-connected right shoulder disability to warrant a medical examination and opinion. The matters are REMANDED for the following action: 1. Verify all active duty for training (ACDUTRA) and inactive duty training (INACDUTRA) pertaining to the Veteran's service in the Army Reserve, Navy Reserve, and Army National Guard. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS). Document all requests for information and responses in the claims file. 2. Ask the Veteran to complete a VA Form 21-4142 for podiatry treatment records identified at the September 2020 Board hearing. Make two requests for the authorized records unless it is clear a second request would be futile. 3. Schedule a VA examination for respiratory disability with an appropriate clinician. (a.) Identify any respiratory disability found during the appeal period, to include chronic sinusitis and COPD. (b.) For each respiratory disability identified, is it at least as likely as not (50 percent or greater probability) the disability manifested during or is related to a period of active service, to include the May 1985 STR for viral syndrome? The clinician should consider the internet document submitted by the Veteran in September 2020 showing sinusitis can be caused by a viral infection. The clinician should consider the September 2020 hearing testimony regarding the onset and progression of the Veteran's respiratory symptoms. By this remand, the Board makes no determination, express or implied, concerning the credibility of any lay statements on file. 4. Schedule a VA examination for right foot disability with an appropriate clinician. (a.) Identify any right foot disability found during the appeal period. (b.) For each right foot disability identified, is it at least as likely as not (50 percent or greater probability) the disability manifested during or is related to a period of active service, to include the August 1997 STR reporting a table fell on her right foot? The clinician should consider the September 2020 hearing testimony regarding the onset and progression of her right foot symptoms. By this remand, the Board makes no determination, express or implied, concerning the credibility of any lay statements on file. 5. Schedule a VA examination for upper back or neck disability. (a.) Identify any upper back or neck disability found during the appeal period. (b.) For each upper back or neck disability identified, is it at least as likely as not (50 percent or greater probability) the disability manifested during or is related to a period of active service? (c.) For each upper back or neck disability identified, is it at least as likely as not proximately due to her service-connected right shoulder disability? (d.) For each upper back or neck disability identified, is it at least as likely as not aggravated (worsened beyond its natural progression) by her service-connected right shoulder disability? The clinician should consider the September 2020 hearing testimony regarding the nature, onset, and progression of her upper back or neck symptoms. By this remand, the Board makes no determination, express or implied, concerning the credibility of any lay statements on file. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Winkler, 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.