On December 13, 1953, the veteran was again hospitalized at a V.A. Center
with a diagnosis of acute lymphatic leukemia and was discharged January 5,
assuming that he spent the entire time at the point of highest activity.
of death as acute lymphatic leukemia. An autopsy was not performed. The
issue of service connection for the cause of the veteran’s death was before the
Board of Veterans Appeals in 1958 and again in 1965. On both occasions the
be completely negligible and is approximately 1 millionth part of
1954. The veteran died March 17, 1954. The death certificate listed the cause
Board held that the acute lymphatic leukemia which caused the veteran’s death
was not the result of exposure to atomic radiation and there otherwise was no
Had the visit been made in early November of 1945 as appeared most
likely, the radiation levels would have been even less. Such a dose would
the development of cataracts. Hence, the claim for service connection of
the cataracts is not valid.
There was no evidence of leukemia on discharge.
oe
basis for relating it to his service.
Medical Evidence. The appellant’s claim for service connection for the cause of
the veteran’s death was reopened with the submission of the following
statement from a medical doctor:
! certify that ! have examined the file pertaining to the case of
[veteran]. It is known that cataracts and/or leukemia are related to the
history of exposure to ionizing radiation.
If exposure to radiation can be ascertained, it would appear that the
aforementioned patient’s diseases mentioned above could be related to
such exposure. It would have been desirable to have had a total body
count on the patient in order to rule out accidental ingestion of low
energy material not ordinarily picked up by routine monitoring. Such
material ms: remain in the endothelial system many years before
causing damage.
Pursuant to the request of the appellant’s service representative, an opinion,
dated in June 1970, was obtained by the Board from an independent medical
specialist who is an acknowledged authority on the effects of radiation
exposure on whether there was an etiological relationship between the
veteran’s exposure to the after effects of the Hiroshima bombing and his
development both of bilateral cataracts and acute lymphatic leukemia. The
specialist stated, in pertinent part, as follows:
In considering the veteran’s survivor's claim for compensation for the
cataracts as related to the veteran’s visit to Hiroshima in November of
1945 and possible exposure to radiation in the course of this visit and
subsequently from souvenirs (glass) picked up at the time of this visit, I
have reviewed the situation and the possible dose levels the veteran
might have received.
... 1 was in Hiroshima both in October and in November 1945.
Portions of glass found in the rubble at that time were not sufficiently
tadioactive to register on the radiation protection survey meters.
Therefore, the glass can be ruled out as a source of radiation that might
cause cataracts. A survey of radiation levels ...demonstrates that the
highest dose level found at Hiroshima as of October 3-7, 1945 was 0.4
On November 30, 1953 [a medical doctor] reports that differential
blood count was normal; his hemoglobin still 70%. .
On December 13, 1953 the veteran was hospitalized at [a] V.A.
Center with a diagnosis of acute lymphatic leukemia and was discharged
January 5, 1954. The veteran died March 17, 1954 of acute lymphatic
leukemia. This duration of acute lymphatic leukemia of approximately 3
- 4 months is fairly characteristic of the disease.
The dose of radiation that the veteran might have received during his
visit to Hiroshima is at the very most 1.6 milliroentgens, and probably
much less, a completely negligible amount . .
Findings of the BVA and Basis for Decision: tn finding that the additional
evidence added to the record did not establish that there was a relationship
between the veteran’s service, including his exposure to atomic radiation at
Hiroshima, and the cause of his death from acute leukemia, the Board pointed
out:
Where a veteran served ninety (90) days or more during a period of
war and leukemia becomes manifest to a degree of ten per cent (10%)
within one year from daté of termination of such service, such disease
shall be presumed to have been incurred in service, even though there is
no evidence of such disease during the period of service. This
presumption is rebuttable by affirmative evidence to the contrary. (38
USC 312, 313; 38 CFR 3.307).
*
*
Where, after a claim is disallowed by the Board, a reopened claim is
filed and evidence is submitted in support thereof which establishes a
new factual basis, the reopened claim shall be adjudicated without regard
to prior appellate decision on the issue. (38 CFR 19.155).
The opinion of the independent medical specialist, obtained pursuant
to request confirms the correctness of the Board’s two earlier decisions
denying service connection for the cause of the veteran’s death . .
milliroentgen/hr; most of Hiroshima was even less radioacti 2, and also
caused no hazard.
If the veteran had remained for four hours early in October, the total
dose which he could have received would have been 1.6 milliroentgen,
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