the position taken by previous review boardsthat there is no connection

between his service-connected disabilities and those events which finally
terminated in his death in 1965.
1 wouldfirst note that throughout the records that are available when
he was in field and general hospitals,all of the blood counts obtained at
that time show a completely normal blood picture without evidence of
any leukemic process. While it is theoretically possible for a chronic

CASE NO. 25

there is no evidence on either detailed physical or laboratory

Type of Injury: Acute Myeloblastic Leukemia.

leukemia to persist for a period of 20 years,i.e., from 1945 to 1965,

examination that there was any leukemia present in 1945, hence, there

could not have been a continuous presence of lymphocytic leukemia
during that period oftime.
Secondly, while it has been noted that over-exposure to X-rays may
result in the development of either a myelocytic or a monocytic
leukemia, there is (a) no evidence that he received an unusual amountof
exposure to X-rays in the course of his studies, and (b) no known
increased incidence of chronic lymphocytic leukemia in individuals who
are excessively exposed to such X-rays or related high energy rays, so
that this could not possibly be a factor in his development of a chronic
lymphocytic leukemia. [Appellant] contends that he suffered
continuous infection from the time of his injury in the Army until the
time of his death but none of the medical testimony bears this out, and

even if it were borne out that he had someinfection, there is no evidence
that infection as we now understand it has anything to do with the
development of lymphocytic leukemia. Certainly many individuals,
previously normal, who develop a leukemic status, do have trouble with

infections, and it is quite commonfor the infection that they develop to
be a contributing cause in the death of such individuals.

Findings of the BVA and Basis for Decision: In finding that the independent
medical expert had substantiated the Board’s decision denying entitlement to
service connection for the cause of the veteran’s death the Board said:

_.. there was no causative relationship between the appellant’s
service-connected gunshot wound injuries and leukemia which resulted
in his death in 1965... and the service-connected disabilities did not
affect his physical condition to such an extent that they contributed
substantially os materially to cause death.

BVA’s Decision: Denial Affirmed.
Date of Decision: 1967.
Appellant’s Allegation: That veteran’s death was caused by exposure to
radiation while in the service.

Facts: Veteran was on active duty from October 1943 to April 1946. No
defects were found on examination for service and examination at separation

disclosed normal findings. The veteran died on May 29, 1965. The cause of
death was established as acute myeloblastic leukemia.
A statement by the appellant alleged, among other things, that veteran was
among the first 28 volunteers for testing the first atomic bomb at Los Alamos,
New Mexico; that during the first atomic test veteran had lain down behind a
fence within a six mile radius of the blast and suffered burns on his neck as a
result of the blast; that after the blast veteran suffered a severe nosebleed and

that these nosebleeds continued from time to time.
No record of -veteran’s exposure to radiation was located. Information
obtained by the Board indicated that the veteran was assigned to a technical
service unit, Corps of Engineers, Manhattan Project; that exposure information
on the Manhattan Project was not available; that the morning reports of his
unit were missing; and that information concerning the bombblast in question
was not a matter of record in the service department. Further information
obtained by the Board indicated that radiation exposure records listed doses
for those persons who wore film badges and estimated doses for those persons
who did not wear film badges but who entered possible radiation exposure
areas and that veteran's name did not appear in the radiation exposure records.
Certain other available records showed that veteran was promoted to another
detachment which performed maintenance services about the post but was not
involved in any technical activity.
Medical Evidence: Hospital records disclosed that veteran received outpatient
treatment for an epistaxis in December 1943, was admitted for observation in
December 1944 after an accident in which an Army truck overturned and was
treated in June 1945 for abrasions and lacerations after he overturned another
Army vehicle. There was no indication in the hospital records that he ever
worked within any technical areas or received any exposure to radiation.
Findings of the BVA and Basis for Decision: In finding no record of exposure

to ionizing radiation during service or of participation in activities involving

82

83

Select target paragraph3