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At the hearing on appeal, the veteran’s wife testifed that since her marriage

to the appellant in 1953, she had heard him complain periodically of soreness

in his joints, leg muscles and back. His wife stated that the veteran had had

such complaints since their marriage began and that she originally attributed

CASE NO. 6

them to his work as a brickmason. She questioned, however, why the pain
should keep occurring and became concerned when the veteran, a few months
before being stricken, continuously became nauseated during meals. She

further stated that the veteran had had no back injury, growth, disease or bone

disorder and she, therefore, felt that exposure to atomic radiation had
contributed to his presentillness.
The veteran’s representative contends, in a letter dated April 1970, that the

Type ofinjury: Arachnoiditis.
BVA’s Decision: Denial Affirmed.

ptesent case more strongly favors service connection than did the case of

another veteran who, based on his exposure to radiation some 20 years

Date of Decision: 1971.

previously, was granted service connection for leukemia by the Board of

Appellant’s Allegation: That as a crewman of the U.S.S. Sumnerin July 1946,
he was exposed to atomic radiation following two atomic bombtests in the
Marshail Islands and that this exposure was the cause of his present disability.

Veterans Appeals in 1968.

Medical Evidence: Service medical records reveal that the veteran was treated
during service for mumps with acute parotitis in February 1946 and, in

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December 1946, for acute fever of undetermined origin but associated with

Facts: The veteran had active Naval service from December 1945 to October
1947 and served aboard the U.S.S. Allen M. Sumner. He filed an original claim
for service connection for a spinal condition in August 1966, indicating that he
had been treated during service for extreme high fever and headaches and
believed there was a connection between his ship's presence in the atomic
testing area in July 1946, his ship’s contamination with radioactive materials,
his becoming wet with rain while in the contaminated area and a spinal
condition for which he alleged treatment from 1953 to 1966.
The veteran contended, at a hearing on appeal held October 8, 1970, that as
a crewman of the U.S.S. Sumner in July 1946 he was exposed to atomic
radiation following two atomic bomb tests in the Marshall Islands and thatthis
exposure was the cause of his present disability. The veteran stated that to his
knowledge only he and a shipmate whoactually jumped into the ocean after
contamination, were injured. The veteran contended that he was affected
because his duties as the only man assigned to cook and clean for the ship's
chief petty officers required that he keep his hands in the water at least five

hours daily. He asserted that after the blasts he had a loss of hair, change of

complexion and eye color, and aching or numbness of the hands and arms, and,
several months after the blasts, a fever of undetermined origin. He also recalled
receiving a round of shots after the exposure. He contended that he
experienced, soon after separation from service, pain in the legs which moved
to his back in 1950 and became continuously worse until the onset of
arachnoiditis in 1966. He maintains that since he has had no injuries to or
sicknesses involving the back that the condition could only have resulted from
his exposure to atomic radiation.
The veteran also testified at the hearing that his ship was within .2 to 20
miles of the two tests at the time of the blasts and moved, on the day ofthe
Baker blast, into immediate blast area for about 25 minutes and spent longer
periods in the area after both blasts, though the latter periods were further
removed from the timeofthe blast itself.
30

cold and painful tooth. There is also a record of a normal blood count taken in
June 1947 in connection with Operation Crossroads. The immunization record
reveals that only routine vaccinations and booster shots were given the veteran
both prior to and after July 1946. Separation examination states that the skin,
hair and glands as well as the spine and extremities were normal.
Official hospital reports reveal that the veteran, while laying bricks on April
25, 1966, suddenly felt a sharp pain in his low back with radiation to the
posterior aspect of the right thigh and calf, exacerbated by coughing, sneezing

and any back motion. Several days later, following a nocturnal episode of

numbness in the perianal area and weakness of the lower extremities, he was
hospitalized at a private facility and improved markedly after traction, bed
rest, and physiotherapy treatment for two weeks. When hospitalized by the
Administration from July 12 to August 23, 1966, a tentative diagnosis was

made of: Herniated nucleus pulposus, Sth ftumbar-Ist sacral segment, central.
Myelographic study, bilateral laminectomy, 4th and Sth lumbar segments, and
exploration of the subarachnoid space and spinal cord were accomplished.
Many adhesions were found between the cauda equina roots. Postoperative
diagnosis was: Arachnoiditis, cauda equina. Acute fibrinous pleurisy, mild,
right, was also diagnosed during hospitalization.
Post-hospitalization examinations were accomplished on September 22 and
November 3, 1966. He was hospitalized from January 5 to February !, 1967,
with complaints of perianal pressure and numbness. Physical examination was
within normal limits and the type of discharge was: Maximum hospital
benefits. Diagnosis was arachnoiditis, chronic, old, postoperative.

Findings of the BVA andBasis for Decision: In denying service connection the

Board made the following findings offact:

]. The veteran manifested no disabilities of the spine or extremities
during his active service. Arachnoiditis, cauda equina, was initially
manifested many years after termination of service.

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