PART B

BOARD OF VETERANS APPEALS CASES
(Nos. 2-34)
CASE NO.2
Type of Injury: Acute Lymphatic Leukemia.

BVA's Decision: Denial Affirmed.
Date of Decision: 197).
Appellant’s Allegation: That her husband’s death due to leukemia was caused
by his exposure to radiation at Nagasaki and Hiroshima, Japan, in 1945,

folowing the explosion of atomic bombs there. She maintained that there is a
far higher incidence among those with such radiation exposure and that thereis
a strong presumption that the veteran’s leukemia was service connected.

Facts: The veteran had active service in the United States Marine Corps from
December 1942 to November 1945. The official certificate of death showsthat

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he died on December 23, 1969, at the age of 55 years. The immediate cause of

his death was septicemia of a reported five days’ duration and the underlying
cause of his death was acute lymphatic leukemia of a reported 21 days’
duration.
World War II service medical records, including reports of examination in
December 1942 and November 1945, were negative for findings oftleukemia or
radiation exposure. The records disclose he was a memberof the 2nd Marine
Division in the occupation of Nagasaki and that on September 23, 1945, the
2nd Marine Division landed at the Harbor of Nagasaki and moved to occupy
the city. He served as a pharmacist’s mate who had been transferred to the 2nd
Marine Division in June 1945, Before and during the occupation of Nagasaki he
served at a regimental aid station of the 2nd Pioneer Battalion. He embarked
for a return to the United States in October 1945 and was discharged in the
following month.

Medical Evidence: tn February 1970, a medical doctor whotreated the veteran

just prior to his death reported that there was clearcut evidence of a
relationship between the effect of radiation and the increased incidence of
Jeukemia. He said there was a definite increase in leukemia among people
around the peripheral area of the atomic blast. He said it was possible that
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