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11-27 799
11-27 799
| Board of Vet. App. | Nov 30, 2017
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Background

  • Veteran served on active duty in the Air Force from June 1998 to June 2004; reported additional Wisconsin Army National Guard service Dec 2004–Dec 2009 (not previously developed).
  • Appeals from VA Regional Office rating decisions (Jan 2009 and Aug 2011) for denials of service connection for: idiopathic cold agglutinin autoimmune hemolytic anemia (blood disorder), hives/skin disorder, and a left knee disorder.
  • Prior VA exams (2008–2010) either found no diagnosis or opined against service connection, citing resolved in-service injury, intervening tractor accident, or lack of in-service treatment for certain skin conditions.
  • At June 2017 Board hearing, Veteran testified he attributes anemia to environmental exposures in service (not as secondary to service‑connected IBS) and attributes skin problems to exposure to cleaning solvents; also asserted in‑service knee symptoms predating the tractor accident.
  • Board found evidentiary gaps: missing Guard service records, incomplete non-VA/VA treatment records, and that prior exams did not address the Veteran’s exposure theories; thus additional development and new VA examinations are necessary.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Service connection for idiopathic cold agglutinin autoimmune hemolytic anemia Veteran: anemia caused by environmental exposures in military service VA examiners previously considered only secondary theory (related to IBS) and did not address exposure theory; RO denied service connection Remanded for additional development and a VA exam to address exposure theory and causation, with review of service records and workplace exposure summary
Service connection for hives/skin disorder Veteran: skin problems related to exposure to cleaning solvents in service Prior VA exam diagnosed dermatitis/possible rosacea and opined against service connection, noting limited in‑service treatment and self‑limited conditions Remanded for additional development and a VA exam to evaluate current skin disorder and its relation to service/exposures
Service connection for left knee disorder Veteran: left knee symptoms began in service and were treated prior to post‑service tractor accident VA examiners earlier found either no diagnosis or that current disorder was unrelated to service and more likely due to post‑service tractor accident Remanded for additional development and a new VA exam to determine nature and etiology of any current left knee disorder, considering in‑service complaints and intervening events

Key Cases Cited

  • Kutscherousky v. West, 12 Vet. App. 369 (1999) (remand claimant may submit additional evidence and argument following remand)
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Case Details

Case Name: 11-27 799
Court Name: Board of Veterans' Appeals
Date Published: Nov 30, 2017
Docket Number: 11-27 799
Court Abbreviation: Board of Vet. App.