Citation Nr: 18152367 Decision Date: 11/21/18 Archive Date: 11/21/18 DOCKET NO. 16-35 261 DATE: November 21, 2018 ORDER Entitlement to service connection for acute myeloid leukemia is granted. FINDING OF FACT It is at least as likely as not that the Veteran’s acute myeloid leukemia is etiologically related to his active duty service. CONCLUSION OF LAW The criteria for service connection for acute myeloid leukemia have been met. 38 U.S.C. §§ 1101, 1110, 1111, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1981 to April 2002. He received the Navy and Marine Corps Commendation Medal; Navy and Marine Corps Achievement Medal; Meritorious Unit Commendation; Navy “E” Ribbon; Good Conduct Award; National Defense Service Medal; and, Expert Pistol Shot Medal. Service Connection for Acute Myeloid Leukemia Direct service connection generally requires credible and competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). The Veteran has submitted evidence of a diagnosis of acute myeloid leukemia. See January 2014 Private Treatment Records, p. 1. Accordingly, the Board finds that the first element of service connection is established. See Holton, 557 F.3d at 1366. The Board also finds that the evidence supports a finding of an in-service injury. Specifically, the Veteran contends that he was exposed to volatile organic compounds (benzene) in solvents for extended periods of time during his active duty service. See June 2012 VA Statement in Support of Claim, pp. 3-4. The Veteran submitted a statement from his spouse which stated that she smelled the various fumes on the Veteran’s clothes while he was in service. See July 2015 Buddy Statement, p. 1. The Board finds the accounts of the Veteran and his spouse to be both competent, credible and consistent with the circumstances of his service. Thus, the Board finds that the second element of service connection is established. See Holton, 557 F.3d at 1366. Regarding nexus, the evidence is at least in equipoise. The Veteran underwent a VA examination in August 2015 and the examiner opined that it was less likely than not that the Veteran’s disability was caused by exposure to benzene in service. See August 2015 VA Examination, pp. 2-3. In support of this opinion, the examiner noted that there was no medical evidence of exposure to benzenes, and medical literature did not show that individuals with a history of exposure to paint solvents were at an increased risk for acute myeloid leukemia. The Veteran submitted two private opinions dated June 2013 and February 2014. The June 2013 clinician suggested that the Veteran’s exposure to benzene, among other substances, was etiologically related to his disability. See September 2013 Private Treatment Records, p. 1. The February 2014 clinician noted that one risk for acute myeloid leukemia is exposure to benzene and further stated that it was very plausible that the Veteran’s exposure to benzene and other volatile organic compounds caused his disability. See July 2015 Private Treatment Records, p. 1. The Board finds each of the June 2013, February 2014 and August 2015 opinions to be probative. Consequently, the evidence regarding nexus is at least in equipoise. When the evidence for and against a claim is in relative equipoise, the Board has an obligation to resolve all reasonable doubt in favor of the Veteran. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49 (1990). In resolving all reasonable doubt in the Veteran’s favor, the Board finds that the third element of service connection is established. See Holton, 557 F.3d at 1366. Thus, service connection for acute myeloid leukemia is warranted. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD W.V. Walker, Associate Counsel