10, 1948 and May 10, 1948... There is no evidence that he received CASE NO.23 Type of Injury: Acute Monomyelocytic Leukemia. BYA's Decision: Denial Affirmed. any exposure to radiation at this time. It is stated in the record andis a fact that two nuclear detonations occurred at Eniwetok while the veteran served on Kwajalein... From none of these explosions, because of the distance and character of the explosion, would there be sufficient radiation to have any effect on a person on Kwajalein. During the period that he was stationed with the Task Force, personnel potentially exposed to radiation in the course of their work were monitored by film badge and dosimetry and appropriate records were maintained. The Atomic Energy Commissionin a letter dated October 3, 1967 states that there is no record of any exposure to radiation of (the veteran] . In my own persona! knowledge of the situation at Kwajalein during Date ofDecision: 1970. Appellant’s Allegation: That veteran’s death from leukemia was incurred as a result of exposure to atomic radiation at Kwajalein in 1948, and that a prior denial of service connection for leukemia by the Board of Veterans Appeals was in error because it was predicated in part on the lapse of time between exposure in 1948 and clinical manifestations to a degree of 10% within one year following the veteran’s discharge from service. It was further alleged that this basis is inconsistent with current medical knowledge. Facts: Veteran served on active duty from January 1937 to September 1945, and from October 1947 to December 1959, The records disclose that veteran was a communications technician attached to an Air Task Unit on Kwajalein Island from February to May 1948, and took part in Operation Sandstone (atomic bomb tests). The atomic explosions took place on Eniwetok. There was considerable distance between the two islands. Persons in the area potentially exposed to radiation in connection with their work were monitored by film badge and dosimetry and appropriate records maintained. Records of exposure maintained by the Atomic Energy Commission do not reflect any exposure information on the veteran. Records showed no clinical manifestations of leukemia prior to March 1966. Acute monomyelocytic leukemia was diagnosed during hospitalization in February 1968. Veteran died in August 1968 as a result of gram-genative sepsia due to acute leukemia. Medical Evidence: Clinical manifestations of leukemia were initially noted in March 1966, more than six years after retirement by veteran from service. An independent medical expert expressed his opinion, as follows: ...1 have carefully reviewed the record and have been able to add my personal knowledge of the situation at Kwajalein when he was there having made several visits to Kwajalein in the late 1940's as a nuclear medical officer. *?¢ « It is claimed that the leukemia was due to excessive radiation received while involved in Operation Sandstone at Kwajalein between February 78 that period | am convinced that [the veteran] could not have received a significant amount of radiation without its having been detected and recorded. His enlistment physical examinations and subsequent physical examinations up to March, 1954 were essentially negative. He developed persistent epidermatophytosis of his feet. In July of 1955 he was given 225 R radiation at doses of 75 R each, applied to both heels. He also received during May and June of 1955 seven X-ray treatments to the medial aspect of his left ankle totaling 525 R. It was noted that the epidermatophytosis has been almost completely cured by August 13, 1956. On September 15, 1959 he received a retirement physical examination which was negative aside from minor ocular findings such as presbyopia. The skin disease was not present at this time. * @ & It is my opinion the the veteran did not receive significant occupational exposure to radiation, that the therapeutic radiation that he did receive in 1955 was directed to tissues that did not contain hematopoietic marrow. Hence, exposure to radiation either occupational or therapeutic is not a factor in the causation of the leukemia. Findings of the BVA and Basis for Decision: In finding that leukemia was not incurred or aggravated in service or manifested to the specified degree within the one-year presumptive period after service, the Board stated: The Board has giveri careful consideration to the opinion of [the radiation expert]. It may be pointed out in this connection that the one-year presumptive period for certain chronic diseases, including leukemia, provided in the law and regulationsis intended to facilitate the grant of service connection in appropriate cases, and does not preclude a finding of service connection in other situations where such a finding is warranted by the individual facts of the case and medical knowledge. In this case, leukemia was manifested approximately 18 years after the claimed exposure to atomic radiation in 1948, and approximately six years after the veteran’s discharge from service. While the Board agrees that leukemia may develop a considerable number of years following 79