Citation Nr: 21031076 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 17-59 303 DATE: May 20, 2021 ORDER Entitlement to service connection for degenerative arthritis of the spine with lumbar disc disease and radiculopathy to the left leg is dismissed. REMANDED Entitlement to service connection for a urethral stricture (claimed as a urology condition) is remanded. FINDING OF FACT The Veteran withdrew the claim for service connection for degenerative arthritis of the spine with lumbar disc disease and radiculopathy to the left leg at his November 17, 2020 Board hearing. CONCLUSION OF LAW The criteria for dismissal of entitlement to service connection for degenerative arthritis of the spine with lumbar disc disease and radiculopathy to the left leg have been 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 March 1977 to March 1980. In November 2020, the Veteran testified at a video conference hearing before the undersigned. Entitlement to service connection for degenerative arthritis of the spine with lumbar disc disease and radiculopathy to the left leg During his November 2020 Board hearing, the Veteran stated that he wished to withdraw his appeal for entitlement to service connection for degenerative arthritis of the spine with lumbar disc disease and radiculopathy to the left leg. Under 38 U.S.C. § 7105 the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn in writing or during a hearing at any time before the Board promulgates a decision. Withdrawal may be made by the claimant or by his or her authorized representative. 38 C.F.R. § 19.55. The Veteran withdrew his appeal regarding this issue during his hearing, and there remains no allegation of errors of fact or law for appellate consideration. The undersigned explained the consequences of withdrawing the claim, and the Board is satisfied that the Veteran's decision to withdraw his appeal was knowing and intelligent. As such, the Board does not have jurisdiction to review the claim. Thus, the appeal for entitlement to service connection for degenerative arthritis of the spine with lumbar disc disease and radiculopathy to the left leg is dismissed. REASONS FOR REMAND Entitlement to service connection for a urethral stricture (claimed as a urology condition) is remanded. The Veteran asserts that he has a diagnosis of urethral stricture (claimed as a urology condition) that had its onset in service. Specifically, the Veteran testified that the performance of his duties as an Airborne Ranger required him to jump repeatedly from aircraft. As part of the performance of those duties, prior to a jump, the harness had to be checked for safety in a manner that necessitated firm tugging on the straps that went from his shoulders down into his groin area. The Veteran believes that the consistent tug on the straps in his groin constituted a repeated trauma and resulted in the injury for which he is seeking service connection. A review of the Veteran's service treatment records (STRs) reveals complaints of difficulty with or painful urination, including being seen for dysuria. The Veteran's separation physical shows that he reported having frequent and painful urination during service. During the November 2020 Board hearing, the Veteran testified that he had complaints of painful urination in service and has had painful or difficulty urinating since service. He also stated that his condition was repeatedly misdiagnosed in service and at the VA until 2013 when they determined he had a stricture. Under McClendon v. Nicholson, 20 Vet. App. 79, 81 (2006), a VA medical examination must be provided when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, and (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the Secretary to make a decision on the claim. See 38 U.S.C. § 5103A (d)(2); 38 C.F.R. § 3.159 (c)(4)(i). In the present case, there is evidence of a current diagnosis and medical and lay evidence that the Veteran experienced the same or similar symptoms in service that have continued to the present. Accordingly, the Board finds that a VA examination is necessary to determine whether the Veteran's diagnosed urethral stricture had its onset in or is otherwise related to the painful urination complaints in service. This matter is REMANDED for the following action: Schedule the Veteran for a VA examination with an appropriate examiner to determine the etiology of any currently diagnosed urethral stricture or urology condition. Following review of the claims file, the examiner is requested to provide the following opinion: Opine whether any diagnosed urology condition is at least as likely as not (50 percent or greater probability) related to the Veteran's service, including the complaints of painful and frequent urination and treatment of said complaints in service. The examiner is asked to comment on the Veteran's reports of repeated trauma to his groin area during harness safety checks prior to parachute jumps. Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Mitchell, 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.