Citation Nr: 21042197 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 16-36 162 DATE: July 12, 2021 ORDER Entitlement to service connection for leukemia is granted. REMANDED Entitlement to service connection for bilateral upper extremity radiculopathy is remanded. Entitlement to a compensable rating for a hernia is remanded. Entitlement to a rating greater than 10 percent for a neck disability is remanded. FINDING OF FACT Affording the Veteran the benefit of the doubt, his leukemia is likely caused by his service. CONCLUSION OF LAW The criteria for entitlement to service connection for leukemia have been met. 38 U.S.C. §§ 1110, 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1998 to June, from November 2001 to June 2003, from March 2004 to June 2004 and from November 2008 to August 2009; with additional Reserve service. Entitlement to service connection for leukemia The Veteran contends that his leukemia was caused by his duties during active service. Establishing service connection generally requires medical or, in certain circumstances, lay evidence of: (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed.Cir.2009); Hickson v. West, 12 Vet. App. 247, 253 (1999). For chronic diseases listed in 38 C.F.R. § 3.309(a), the linkage element of service connection may also be established by demonstrating continuity of symptoms since service. 38 C.F.R. § 3.303(b). 38 C.F.R. § 3.307(a)(3) provides for presumptive service connection for chronic diseases that become manifest to a degree of 10 percent or more within 1 year from the date of separation from service. However, although leukemia is listed as a "chronic disease" under 38 C.F.R. § 3.309(a), the Veteran was not diagnosed within one year following his August 2009 discharge from service; therefore, 38 C.F.R. §§ 3.303(b) and 3.309(a) do not apply. The Veteran's service treatment records (STRs) are silent for any complaints, treatment or diagnosis of leukemia during active service. VA treatment records show that the Veteran was diagnosed with leukemia in August 2016; five years following his service. The Veteran testified at his February 2021 Board hearing that while on active duty as an aircraft repair technician, he was tasked with entering confined spaces within aircraft wings to remove failing sealant. The Veteran testified that although wearing protective equipment, he could still smell and taste the fumes from the sealant solvent and fuel. The Veteran also testified that on one occasion his arm was laying in JP8 jet fuel for at least 15 minutes; he only became aware after the exposure. The Veteran's service records confirm one of his primary specialties on active duty was aircraft structural maintenance craftsman. In a medical opinion submitted in April 2021, a private physician said it is as least as likely as not that the Veteran's leukemia is the direct result of his organic solvent exposure while in the service. As rationale, the opinion provider included a background on how benzenes and solvents can cause leukemia by damaging the immune system and bone marrow. The opinion further stated, that while in the service, the Veteran functioned as an aircraft mechanic for over ten (10) years, being exposed daily to jet fuel and paint chips. Benzene has been found in all jet fuel tanks. Benzene and naphthalene as identified above are carcinogenic and are typically found in many jet fuels and their residuals are found almost universally in jet fuel tanks. The opinion also provided citations to studies referenced. The Board finds the evidence to be in relative equipoise, that the Veteran's leukemia is causally related to his service. The Veteran offered sworn testimony as to the circumstances of his claimed exposure during service. Despite the lack of related complaints or treatment during service, the Board finds the April 2021 private opinion competent and probative evidence that the Veteran's leukemia is causally related to his active service. As the competent, credible and probative evidence is in relative equipoise. Accordingly, affording all reasonable doubt to the Veteran, he is entitled to service connection for his hypertension disability. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). REASONS FOR REMAND 1. Entitlement to service connection for bilateral upper extremity radiculopathy is remanded. 2. Entitlement to a compensable rating for a hernia is remanded. 3. Entitlement to a rating greater than 10 percent for a neck disability is remanded. The Board is unable to make an informed decision on the issue of service connection claim for bilateral upper extremity radiculopathy and increased rating claims for neck and hernia disabilities because further development are necessary. At his February 2021 Board hearing, the Veteran testified that his neck and hernia disabilities have worsened. The Veteran also described radiculopathy symptoms associated with his neck disability. The most recent VA examinations were conducted in 2012. Given the Veteran's assertions of worsening symptoms, the claims are remanded for new examination. The matters are REMANDED for the following action: 1. Contact the Veteran, and, with the Veteran's assistance identify and obtain copies of any pertinent medical or VA treatment records and add them to the claims file. If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified. 2. After completion of the above, schedule the Veteran for the appropriate VA examination to assess the severity of his service-connected neck and hernia disabilities. Copies of all pertinent medical records should be made available to the examiner for review. All necessary diagnostic testing should be performed using the appropriate DBQ if available. The examiner is requested to thoroughly assess and discuss any neurological conditions associated with the Veteran's neck disability, as specified on the DBQ. 3. After the foregoing and any other indicated development, adjudicate service connection claim for bilateral upper extremity radiculopathy. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Perkins, Michael The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.