13-22 059
13-22 059
| Board of Vet. App. | Sep 27, 2017Background
- Veteran served active duty Jun 1962–Jun 1964 at Fort Detrick as a medical corpsman and volunteered as a human subject in scientific experiments.
- Service treatment records show participation in experiments (e.g., inhalation of pasteurella tularensis) and contain references to classified clinical history and laboratory/greenhouse work.
- DOD and Joint Service Records Research Center (JSRRC) records confirm herbicide testing at Fort Detrick during the Veteran’s service period, including spray-testing in greenhouses.
- JSRRC memorandum noted no explicit affiliation of the Veteran with Operation Whitecoat in the claims file or personnel records.
- Veteran has current diagnoses of ischemic heart disease (coronary artery disease) and Type II diabetes; he asserts both result from in-service herbicide exposure.
- Evidence was found to be in relative equipoise as to whether the Veteran was exposed to herbicides; Board resolved reasonable doubt in the Veteran’s favor and granted service connection for both conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for ischemic heart disease (coronary artery disease) due to herbicide exposure | Veteran: heart disease caused by in-service herbicide exposure while participating in experiments at Fort Detrick | RO/JSRRC: no records explicitly tie Veteran to Operation Whitecoat or documented herbicide exposure | Granted — Board found evidence in equipoise and resolved doubt for the Veteran; service connection awarded |
| Service connection for diabetes mellitus due to herbicide exposure | Veteran: diabetes caused by in-service herbicide exposure during Fort Detrick testing | RO/JSRRC: lack of specific documentation of Veteran’s herbicide exposure despite Fort Detrick testing evidence | Granted — Board resolved reasonable doubt in Veteran’s favor and awarded service connection |
Key Cases Cited
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir.) (elements required to establish service connection)
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (Board not required to raise procedural arguments not asserted by appellant)
- Dickens v. McDonald, 814 F.3d 1359 (Fed. Cir.) (applying Scott to duty-to-assist arguments)
- Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir.) (limits on use of continuity of symptomatology under §3.309)