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