Citation Nr: 21042634 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 18-07 083 DATE: July 13, 2021 ORDER Entitlement to service connection for a right elbow condition is dismissed. Entitlement to service connection for a left wrist condition is dismissed. Entitlement to service connection for a right wrist condition is dismissed. Entitlement to service connection for thoracic degenerative joint disease (claimed as back pain) is dismissed. Entitlement to service connection for asthma (claimed as chest pain) is dismissed. Entitlement to service connection for a rash on the shoulders and arms is dismissed. REMANDED Entitlement to a rating in excess of 10 percent for left knee patellofemoral pain syndrome is remanded. Entitlement to an evaluation in excess of 10 percent for right knee patellofemoral pain syndrome is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for a skin condition, including acne and pseudofolliculitis barbae (claimed as rash on neck) is remanded. FINDINGS OF FACT 1. In sworn hearing testimony provided in March 2021, prior to the promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw his appeal as to the claim of entitlement to service connection for a right elbow condition. 2. In sworn hearing testimony provided in March 2021, prior to the promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw his appeal as to the claim of entitlement to service connection for a left wrist condition. 3. In sworn hearing testimony provided in March 2021, prior to the promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw his appeal as to the claim of entitlement to service connection for a right wrist condition. 4. In sworn hearing testimony provided in March 2021, prior to the promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw his appeal as to the claim of entitlement to service connection for thoracic degenerative joint disease. 5. In sworn hearing testimony provided in March 2021, prior to the promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw his appeal as to the claim of entitlement to service connection for asthma. 6. In sworn hearing testimony provided in March 2021, prior to the promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw his appeal as to the claim of entitlement to service connection for a rash on the shoulders and arms. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to service connection for a right elbow condition by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to service connection for a left wrist condition by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of entitlement to service connection for a right wrist condition by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of entitlement to service connection for thoracic degenerative joint disease by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of entitlement to service connection for asthma by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal of entitlement to service connection for a rash on the shoulders and arms by Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 2008 to December 2013. This matter is on appeal from a March 2015 rating decision. The Veteran testified before the undersigned Veterans Law Judge during a March 2021 hearing. Service Connection 1. Entitlement to service connection for a right elbow condition is dismissed. 2. Entitlement to service connection for a left wrist condition is dismissed. 3. Entitlement to service connection for a right wrist condition is dismissed. 4. Entitlement to service connection for thoracic degenerative joint disease is dismissed. 5. Entitlement to service connection for asthma is dismissed. 6. Entitlement to service connection for a rash on the shoulders and arms is dismissed. 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. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. In hearing testimony provided in March 2021 and recorded in the written transcript of that hearing, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw his appeal for the issues concerning service connection for a right elbow condition, a left wrist condition, a right wrist condition, thoracic degenerative joint disease, asthma, and a rash on the shoulders and arms. The Veteran noted understanding of the consequences of this decision. Accordingly, no allegations of errors of fact or law remain for appellate consideration with respect to these matters. The Board does not have jurisdiction to review these issues on appeal and they are therefore dismissed. REASONS FOR REMAND 1. Entitlement to service connection for bilateral hearing loss is remanded. At a March 2015 VA examination, the Veteran's hearing acuity was tested, but a hearing loss disability as defined by VA under 38 C.F.R. § 3.385 was not shown. his March 2021 hearing, the Veteran reported that his hearing has become worse since his last VA examination. See Hearing Transcript, pgs. 18-19. On remand, the Veteran should be scheduled for an updated examination so it can be determined if he now has a hearing loss disability for VA purposes. If so, an etiological opinion should also be obtained, given the Veteran's history of in-service noise exposure. 2. Entitlement to service connection for a skin condition, including acne and pseudofolliculitis barbae and is remanded. During his March 2021 hearing, the Veteran reported that he had acne in high school while going through puberty, but that it was only on his face. He indicated that he had a skin condition in service, or acne, that spread to the back of his head, shoulder, chest/trunk, arms, back, and face. See Hearing Transcript, pgs. 9-12. He suggested that while in service, and wearing his rucksack, uniform, boots and utility uniform, flak equipment, and military gear and/or whenever he had sweat lines underneath the straps, he broke out in acne. In January 2018, the VA examiner opined that the Veteran's acne was not incurred in or caused by military service because the service treatment records were silent for a rash on the shoulders or for acne. However, a review of the Veteran's service treatment records reflect that he had follicular pustules on the skin of the legs (which he suggested was from the heat at the range), he had lesions, he had ingrown hairs with shaving his beard, and was placed on a shaving profile. See service treatment records dated in September 2012, September 2013. Additionally, he was prescribed medications in-service to treat his acne/skin conditions. Given that the Veteran was treated for various skin conditions during service, including acne and pseudofolliculitis barbae, a new VA opinion is necessary. 3. Entitlement to a rating in excess of 10 percent for left knee patellofemoral pain syndrome is remanded. 4. Entitlement to an evaluation in excess of 10 percent for right knee patellofemoral pain syndrome is remanded. The current severity of the Veteran's service-connected bilateral knee disabilities remains unclear. During his March 2021 hearing, the Veteran reported that his knees gave out or locked up on a weekly basis. See Hearing Transcript, pgs. 3-4. As such symptoms were not reported on the most recent VA examination in December 2020, the record suggests that his bilateral knee disability may have increased in severity, and a new VA examination is necessary on remand. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination to assess the nature and etiology of any bilateral hearing loss. The claims folder must be sent to the examiner for review. If upon testing, the Veteran demonstrates a hearing loss for VA purposes, is at least as likely as not (approximately 50 percent probability) that such hearing loss had onset in, or is otherwise related to service, to include in-service noise exposure? A rationale for all opinions expressed must be provided. 2. Schedule the Veteran for a VA examination to determine the nature and etiology of the Veteran's claimed skin disorder, to include acne and pseudofolliculitis barbae. The claims folder must be sent to the examiner for review. The examiner should take a history from the Veteran as to the progression of his claimed disabilities. The examiner should: a) Identify all current skin conditions, including acne and pseudofolliculitis barbae. b) Opine as to whether it is at least as likely as not (50 percent probability or more) that any skin conditions had onset in, or is otherwise related to service. The rationale for all opinions offered should be provided. In providing an opinion, the examiner should consider that the Veteran's service treatment records document follicular pustules on the skin of the legs (which the Veteran suggested was from the heat at the range), he had lesions, had ingrown hairs with shaving his beard, and was placed on a shaving profile. See service treatment records dated in September 2012, September 2013. Additionally, he was prescribed medications in-service to treat his acne/skin conditions. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral knee disabilities. The examiner should provide a full description of the current disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups and after repetitive use for each knee. The examiner should provide an estimate of any additional impairment in terms of range of motion loss due to flare-ups and after repetitive use. 4. Then readjudicate the issues on appeal. V. Chiappetta Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Crohe, 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.