he was in and out of hospitals for treatment of this condition and
complications; malignancy was not diagnosed on any repeated testing. He was
again hospitalized in July 1966 because of continuing pus discharge.
Examination disclosed very tender floor in the left buccal gutter and pus could
be expressed from the Wharton’s duct on the left. Surgery was performed for a

stone in the Wharton’s duct. No other pertinent diagnoses, findings or history
was recorded at the time of separation from service.

CASE NO. 33

On November 18, 1969, the then 51 year old veteran was hospitalized with

a complaint of episodes of gross totally painless hematuria approximately six
months prior to admission, without other episodes until one week prior to
admission. There had been no anorexia, weight loss or dysuria noted. On flat
plate of the abdomen and oblique views, findings were consistent with

Type of Injury: Carcinoma of the Prostate.
BVA’'s Decision: Denial Reversed.

metastatic disease. Carcinoma involving the bladder and prostate, probably

Date of Decision: 1971.
Appellant's Allegation: That the cancer which he now has was caused by

radiation exposure from nuclear bomb experiments; that in the alternative, the

cancer must be presumed to have existed during his service career, and he is

entitled to service connection therefor on that basis.

.

Facts: The veteran served on active duty from September 1944 until October

1945; October 1946 to June 1952; and September 1954 to September 1966.

Service records indicated that the veteran was exposed to ionizing radiation
during his participation in the Airborne Early Warning Barrier Squadron in the
Pacific during the test at Christmas Island and Johnston Island in April to
November 1962.
A report from the Bureau of Medicine and Surgery, Department of the
Navy, Radiation Safety Branch, Submarine and Radiation Medicine Division,
indicates that the veteran was exposed to ionizing radiation in the Pacific in
1962; the type of radiation was gamma; dose (rem) was 00.022, the same

figure as for accumulated dose (rem). All exposures were whole body
exposures and nointernal deposition of radioisotopes occurred. It is noted thaf
the Naval Aviation Branch records show that this squadron was stationed at

Barber’s Point during the period of September 13, 1961, through July 10,

1964, and during the months of May, June and July flew missions between
Barber’s Point and Midway as observation teams in Exercise Dominick. There
was no other available information concerning the extent of such participation.
A statement is of record from the Atomic Energy Commission, Nuclear
Explosives Environmental Safety Branch, Division of Operational Safety,
indicating that the office’s records showed the veteran was exposed to 22
millirems of whole body radiation above natural background radiation during

the period of Aprit to November 1962. The statement indicated that this

amount of radiation, delivered during the period mentioned, in the area of
Christmas Island and Johnston Island was no more than natural background
radiation for the area. It was concluded that this level of radiation was not
considered an overexposure to man-made radiation.
Medical Evidence: Service medical records disclose that the veteran was

hospitalized in 1962 for treatment of sialadenitis, submaxillary gland on the
left, and surgery was performed. Staphylococcus aureus was found. Thereafter,
'02

adenocarcinoma of the prostate, was recorded. On needle biopsy of the
prostate, there was a diagnosis of adenocarcinoma. A diagnosis was made of
adenocarcinoma of the prostate with invasion of the bladder and with distant
bony metastasis.

Findings of the BVA and Basis for Decision: \nfinding that carcinomaof the

prostate was incurred in active war time service the Board noted in pertinent
part as follows:
The Atomic Energy Commission report establishes that the veteran
received such a minute amount of radiation in service in 1962 that no
changes of human tissue would be detected or expected. The most

radiosensitive tissues are the bone marrow and blood cells, which have

been found to show no detectable changes below a dose of 25 1
substantially more than the .022 rem reported in this case. The Federal
Radiation Council guidelines for public exposure to whole-body ionizing
radiation establish a maximum at 0.17 rad (170 millirads) per year.
Accordingly, the possibility of such a minute dose as that received by
the veteran being the cause of any malignancy is so remote as to be
without substantiation. Specifically, it has not been shown that
carcinomaof the prostate is caused by ionizing radiation.
In view of the above findings, the question then is whether or not the
prostate cancer was incurred in service independent of exposure to
radiation.
... several very similar cases of prostatic cancer diagnosed soon after
separation from a long career in service have previously been before this
Board, and have been: submitted to the Armed Forces Institute of
Pathology. In a similar study undertaken in 1967, the Armed Forces

Institute of Pathology reported that “the life history of carcinoma of
prostate is variable, but on the whole, this is slowly growing neoplasm. It
may remain latent for many years...or it may eventually manifest
itself’.
es

*

In the case currently under consideration, the veteran first exhibited

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