Citation Nr: 21042291 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 18-36 654 DATE: July 12, 2021 ORDER The appeal for service connection for a back disability is dismissed. The appeal for service connection for tinnitus is dismissed. The appeal for service connection for hearing loss is dismissed. REMANDED Entitlement to an initial compensable rating prior to February 13, 2020, for the service-connected bilateral pes planus with plantar fasciitis, and in excess of 50 percent on and thereafter, for the service-connected bilateral pes planus with plantar fasciitis and with Charcot-Marie-Tooth disease of the right foot and degenerative arthritis of the right foot is remanded. FINDING OF FACT At the February 2021 hearing, and before the promulgation of a decision in the appeal, the Veteran explicitly, unambiguously, and with a full understanding of the consequences, notified the Board that he wished to withdraw his appeals for service connection for a back disability, tinnitus, and hearing loss. CONCLUSION OF LAW The criteria for withdrawal of the appeals for service connection for a back disability, tinnitus, and hearing loss are 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 February 1971 to February 1973. In February 2021, he appeared and provided testimony at a hearing before the undersigned Veterans Law Judge (VLJ). Dismissal Service ConnectionBack, Tinnitus, & Hearing Loss Disabilities The Board of Veterans' Appeals (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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. A veteran or his/her authorized representative may make the withdrawal. 38 C.F.R. § 20.204. Here, at the February 2021 hearing, the Veteran explicitly and unambiguously, and with a full understanding of the consequences, withdrew his appeals for service connection for a back disability, tinnitus, and hearing loss. The undersigned clearly identified the withdrawn issues, and the Veteran affirmed that he was requesting a withdrawal as to these appeals. As the Veteran has withdrawn these appeals, there remain no allegations of errors of fact or law for appellate consideration of these issues. The Board does not have jurisdiction to review them. They are dismissed. REASONS FOR REMAND Initial Increased Ratings Service-Connected Bilateral Foot Disability The Veteran seeks higher ratings higher than those currently assigned for his service-connected bilateral foot disability. He testified before the Board in February 2021 that his symptoms had worsened since he was last examined by VA in March 2020. Thus, he should be provided an opportunity to report for a new VA examination to ascertain the current severity and manifestations of this disability. Also, he testified that he was treating with a private podiatrist for this disability. The records for this treatment are not currently associated with the claims file and should be obtained. Further, updated VA treatments should be added to the claims file as they may also contain information which could help support the Veteran's claim. Accordingly, the matter is REMANDED for the following action: 1. Obtain VA treatment records from February 2020 to present. 2. Ask the Veteran to complete a VA Form 21-4142 for all private providers who treated him for his bilateral foot disability, to include specifically the podiatrist about whom he testified treats him every eight weeks for his foot disability. Make two requests for all previously unobtained authorized records from all identified providers unless it is clear after the first request that a second request would be futile. 3. Then, schedule the Veteran for an appropriate VA examination to determine the current severity of his service-connected bilateral foot disability. The Veteran's claims file should be made available to the examiner in conjunction with this examination, and the examiner's review of the folder should be annotated in the examination report. The examiner should provide a full description of the Veteran's service-connected bilateral foot disability and report all signs and symptoms associated with the disorder. To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran's service-connected bilateral foot disability and discuss the effect of this disability on any occupational functioning and activities of daily living. A rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for a VA medical examination may impact the determination made. 38 C.F.R. § 3.655. The Veteran also is advised that he has the right to submit additional evidence and argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Davidoski, 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.