HELEN BENNETT
2ND Junior Vice Commander
Service & Charitable
December 18, 2012
Good morning,
This was brought to my attention and based on conversations with fellow officers; we thought this was important enough for general distribution to our membership. It is important to note and in my opinion, this is a precedent setting case that will have far reaching effects for countless other veterans. The following text is only a partial extract from the original document but clearly establishes the link necessary. If you have any questions, please contact either the National Service Office. The phone number is (617)303-5675.
“…While neither of one of these medical opinions definitively establishes a direct link between the veteran's bladder cancer and in-service Agent Orange and/or diesel fuel exposure, the Board finds that the collective medical opinion evidence provides some indication that the veteran's bladder cancer is likely related to in-service Agent Orange and/or diesel fuel exposure.
The Board also finds supportive of the medical opinion evidence the 2005 Gulf War and Health article from the National Academy of Sciences (submitted by the veteran In February 2006), that reflects a conclusion that
results of studies taken together constitute limited or
suggestive evidence of an association between ombustion
products and bladder cancer (even though a definitive
association could not be established). Significantly, there is no contrary medical opinion evidence of record.
When, after careful consideration of all procurable and
assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. By reasonable doubt is meant one that exists because an approximate balance of positive and negative evidence which does satisfactorily prove or disprove the claim.
It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. See 38 C.F.R. § 3.102. See also 38 U.S.C.A. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990).
Given the totality of the evidence, to include the veteran's current bladder cancer disability, his presumed Agent Orange exposure, the veteran's and his former service comrade's credible assertions, to include of in-service diesel fuel exposure, and the collective medical opinion evidence addressed above, and resolving all reasonable doubt on the question of claimed in-service exposure in the veteran's favor, the Board finds that the criteria for service connection for bladder cancer, as due to Agent Orange exposure and/or diesel fuel exposure, are met.