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Cervical Degenerative Disc Disease

Helmet/NVG head-borne loads, aircrew exposures, load carriage, and trauma producing chronic neck pain and cervical spine disease in service members.

Controlling law

The CFR sections and cases the theories relevant to this condition rest on — the legal standard raters evaluate against, never a prediction about any claim.

Direct (§ 3.303)

Regulation

  • 38 C.F.R. § 3.303

    Direct service connection — a current disability linked to service. (Continuity of symptomatology under § 3.303(b) is limited by case law to the § 3.309(a) chronic diseases — Walker.)

Case law

  • Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004)

    The three-element test: current disability, in-service event, and a nexus between them.

  • Holton v. Shinseki, 557 F.3d 1363 (Fed. Cir. 2009)

    Federal Circuit restatement of the same three direct-service-connection elements.

  • Caluza v. Brown, 7 Vet. App. 498 (1995)

    The evidentiary framework a rater weighs each element against.

  • Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013)

    Continuity of symptomatology (§ 3.303(b)) is available ONLY for a chronic disease listed in § 3.309(a); any other condition must use the medical-nexus pathway.

  • Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009)

    A categorical 'a medical opinion is always required for nexus' is legal error — competent lay evidence can suffice.

  • Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Layno v. Brown, 6 Vet. App. 465 (1994)

    A veteran is competent to report symptoms they personally observe (Layno), and lay evidence can even establish a simple diagnosis in the right case (Jandreau).

  • McLendon v. Nicholson, 20 Vet. App. 79 (2006)

    A LOW threshold — evidence that merely indicates a nexus MAY exist obligates VA to provide a C&P exam.

  • 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990)

    When the evidence is in relative equipoise, the tie goes to the veteran — the preponderance must be AGAINST the claim to deny it.

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Educational information about the evidentiary standard — not legal or medical advice, and never a prediction about any claim.