the evidence does not satisfactorily prove or disprove the claim, yet a

substantial doubt and one within the range of probability as
distinguished from pure speculation or remote possibility. (38 CFR
3.102}
The evidence does not establish that the veteran was exposed to
excessive X-ray radiation during his active military service. In addition,

the evidence has been carefully developed and to conclude that there
was a causal relationship between exposure to X-ray radiation during his
active service and the development of a malignant tumor originating in
his scapular area many years following his release from such service

would require resort to pure speculation or remote possibility, which is
not permitted.

CASE NO. 5
Type of Injury: Adenocarcinoma of the Colon, Cataracts, Glaucoma and
Detached Retina.
BVA’s Decision: Denial Affirmed.
Date ofDecision: 1970.
Appellant's Allegation:

That the adenocarcinoma of the colon and eye

abnormalities were the result of the appellant's exposure to radiation during
World War II while serving with the Manhattan Engineer District.

Facts: The veteran entered on active duty from an inactive reserve status in

June 1942 and served until June 1945. His discharge papers reflect that he was
assigned to the Manhattan Engineer District prior to his release from active
duty. His duty assignments during service were shown to be that of patent
officer, legal officer and instructor. As a patent officer, he investigated
inventions and prepared patent opinions and applications. As legal officer, he
was adviser to the commanding officer and to the military and civilian
personnel of his unit on all legal matters. His instructor duties consisted of

instructing at an officer candidate school in matters of law, ordnance, drill, etc.
His army records did not indicate that he was involved either directly or
indirectly with the handling of radioactive materials. However, the veteran
alleged that he had been exposed to radioactivity during service in 1944 and

1945, A fellow serviceman whohad served with the veteran on the Manhattan
Project in 1944-1945 testified that it had been customary for them tovisit the
Cyclotron Building while the “calutron’” (mass spectrometer uranium

separator) was in operation. From time to time, they had looked through the

observation window and observed the ion beam as well as the ion source.
Although he did not know quantitatively the amount of radiation exposure at
the locality and under those conditions, he did know that the veteran often
took part in the described activities and was subjected to whatever radiation
that might have been present.
The service medical records disclose that the veteran was found to have
bilateral compound myopic astigmatism when he was examined for extended

active duty purposes in February 1942. He was accepted for limited service as
having uncorrected visual acuity of 20/200, bilaterally, correctable to 20/20 in

the right eye and to 20/30 in the left eye. No complaints or treatment referable
to his eyes were reported during the period of active duty, although the
myopia was mentioned on one occasion while he was undergoing treatment for

26

an unrelated disorder. Nothing concerning gastrointestinal trouble or radiation
27

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