Citation Nr: 18100725
Decision Date: 04/19/18	Archive Date: 04/19/18

DOCKET NO. 13-28 606A
DATE:	April 19, 2018
ISSUES DECIDED:	1	ISSUES REMANDED:	0
 
ORDER
Entitlement to service connection for multiple myeloma is granted.
FINDING OF FACT
The Veteran has been diagnosed with multiple myeloma and participated in a radiation-risk activity during service.
CONCLUSION OF LAW
The criteria for entitlement to service connection for multiple myeloma have been met.  38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131, 1137 (2012); 38 C.F.R. §§ 3.303, 3.307, 3.309, 3.311 (2017). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from June 1961 to June 1965.
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Washington, DC. 
The Veteran testified at a personal hearing before the Board in February 2017, and a transcript of the hearing is of record.  
 
Entitlement to service connection for multiple myeloma.
The Veteran contends that he is entitled to service connection for multiple myeloma.  The Veteran’s treatment records indicate that the Veteran manifested a diagnosis of multiple myeloma during the pendency of the appeal.  Multiple myeloma is a disease presumed to be caused by radiation risk activities.  38 C.F.R. §§ 3.309(d)(1), 3.309(d)(2)(ix).  The Veteran testified at a personal hearing before the Board in February 2017 that he participated in Operation Dominic I; an atmospheric detonation of a nuclear device.  See Transcript.  Operation Dominic is defined as a radiation-risk activity.  38 C.F.R. § 3.309(d)(3)(ii)(A).  Unfortunately, military records do not establish the presence at or absence from the sight of Operation Dominic I. However, he was stationed at the United States Naval Air Station, Barber’s Point, Hawaii, during a portion of May 1962.  This was the time period he testified he participated in DOMINIC I, as an aerial photographer.  He worked as an aerial photographer during a least a portion of his military service, though it is not clear that he did during May 1962.  Resolving reasonable doubt in his favor, the Veteran’s presence at the sight is conceded.  38 C.F.R. § 3.311(a)(4)(i).  Therefore, service connection for multiple myeloma is granted.
 
BARBARA B. COPELAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	David R. Seaton, Associate Counsel