11 18-765
11 18-765
| Board of Vet. App. | May 31, 2017Background
- Veteran served on active duty Nov 1978–Jan 1983 and appealed denials by the Sioux Falls RO (April 2011) for service connection for a left knee disability and chronic myeloid leukemia (CML).
- Service treatment records document a left knee sprain in 1980 while playing football; no chronic knee diagnosis or ongoing objective findings in post-service records.
- Veteran diagnosed with CML in 2007, treated by VA oncology with hematologic remission by 2008; he reports long‑standing night sweats and, at hearing, alleged exposure to depleted uranium while clearing ordnance on Kaho'olawe, Hawaii.
- VA obtained VA and private records and provided examinations (May 2011, July 2012); the May 2011 VA knee exam found no current left knee disability and concluded the 1980 sprain resolved.
- There is no verified evidence that the Veteran participated in a statutory "radiation‑risk activity," and public sources do not corroborate depleted uranium use on Kaho'olawe; Veteran provided no independent corroboration of radiation exposure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for left knee disability | Veteran: left knee injured in 1980 football incident and current symptoms are continuation of that injury | VA/RO: medical evidence shows the 1980 sprain resolved; no current chronic knee disability or nexus to service | Denied — preponderance of evidence against service connection |
| Service connection for chronic myeloid leukemia (radiation exposure) | Veteran: CML caused by radiation (depleted uranium) exposure while clearing ordnance on Kaho'olawe | VA/RO: no evidence Veteran engaged in a listed radiation‑risk activity; no corroboration of exposure; no dosimetry or public finding of contamination on Kaho'olawe | Denied — preponderance of evidence against radiation exposure in service; no presumptive or direct service connection |
Key Cases Cited
- Pelegrini v. Principi, 18 Vet. App. 112 (Vet. App. 2004) (VA notice requirements under VCAA)
- Dingess v. Nicholson, 19 Vet. App. 473 (Vet. App. 2006) (VCAA notice/assistance principles)
- Barr v. Nicholson, 21 Vet. App. 303 (Vet. App. 2007) (lay evidence competency and continuity of symptomatology)
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (elements for service connection)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (limits of lay evidence on medical issues)
- Colantonio v. Shinseki, 606 F.3d 1378 (Fed. Cir. 2010) (when lay testimony may be insufficient for medical causation)
- Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013) (continuity of symptomatology and chronic disease rules)
- Ramey v. Brown, 9 Vet. App. 40 (Vet. App. 1996) (methods to establish service connection for radiation‑related cancer)