BVA9505659 DOCKET NO. 92-07 772 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Entitlement to service connection for post-traumatic osteoarthritis of the cervical spine, claimed as a neck disability. REPRESENTATION Appellant represented by: Samuel M. Tumey, Attorney ATTORNEY FOR THE BOARD Joseph Horrigan, Counsel INTRODUCTION The veteran served on active duty from March 1940 to September 1945. He was a prisoner of war of the German Government from July 1943 to May 1945. This matter originally came before the Board of Veterans' Appeals (Board) from rating action of March 1991 from the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi. By decision of April 1993, the Board, in part, denied service connection for a neck disability. Thereafter the veteran appealed the case to the United States Court of Veterans Appeals (Court). By order dated March 31, 1994, the Court vacated the portion of the April 1993 Board decision which denied service connection for a neck disability and remanded the matter to the Board for further development. In July 1994, the Board remanded the case to the RO in order to afford the veteran an orthopedic examination to determine if the veteran has post-traumatic arthritis in the cervical spine. CONTENTIONS OF APPELLANT ON APPEAL It is essentially contended, by and on behalf of the veteran, that he developed traumatic arthritis in the cervical spine as a result of his experiences as a prisoner of war of the Germans during World War II. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file(s). Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the preponderance of the evidence supports the claim of service connection for post-traumatic osteoarthritis of the cervical spine. FINDINGS OF FACT 1. The veteran was a prisoner of war of the German Government from July 1943 to May 1945. 2. The veteran has been determined to have post-traumatic osteoarthritis of the cervical spine. CONCLUSION OF LAW The veteran has post-traumatic osteoarthritis of the cervical spine which is presumed to have been incurred during service. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 1131, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.307, 3.309(b) (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, the Board notes that the veteran's claim for service connection for post-traumatic arthritis is well grounded within the meaning of 38 U.S.C.A. § 5107. The veteran's service medical records contain no complaints or findings indicative of any neck disability. During VA treatment in January 1987, an assessment of fibrositis of the neck was rendered. In February 1987 it was noted that the veteran was still having a lot of neck pains. The assessment included degenerative joint disease, neck. In May 1987, the veteran complained of pain in the neck at the base of the skull. An X- ray study of July 1987 revealed mild osteophyte formation from C4 through C7 with disc space narrowing from C5 through C7. The bones were mildly osteopenic. On VA examination in January 1988, the veteran complained of neck pain. During a VA examination of March 1990, the veteran's complaints included neck pain. He gave a history of neck difficulties in 1945 or 1946 when he was wrestling and somebody landed on his head and neck. He had neck pain for two or three weeks and then "got over that". He next had difficulty two years prior to the examination with pain in the posterolateral aspect of the neck. X-ray showed degenerative changes in the lower cervical spine. The diagnosis was old, degenerated C5 and C6 disks. During treatment in VA clinical records reflect continuing treatment for neck pain. An MRI of August 1990 showed possible osteophyte compressing the right C6 roots. In September 1990, the veteran gave a history of progressive lower neck pain of several years duration. In November 1990, the veteran submitted a statement in which he reported that, while in North Africa in February 1943, he jumped from a moving truck and another soldier landed on him and struck the top of the veteran's helmet with his rifle. This dazed the veteran temporarily and his neck felt "like hot wires were being punched in it" A few days later he was hospitalized for his back. On VA examination in September 1994, the veteran gave a history of originally injuring his neck during service when he jumped from a truck and another soldier landed on him and struck the veteran's helmet with his rifle. He was unable to recall any specific trauma or injury while a prisoner of war and never associated his neck problem with any service injury. After evaluation, the impression was chronic cervical syndrome with cervical spondylosis and C6 nerve root compression. The changes were compatible with history of old cervical trauma. While the veteran's history is vague regarding his cervical spine disabilities, it is established that the veteran was a prisoner of war for almost two years. After the most recent VA examination, the examiner opined that the arthritic changes in the veteran's neck were post-traumatic in origin. Since that is the case, and since no post service injury to the neck has been suggested by the record, service connection for post-traumatic osteoarthritis of the cervical spine is warranted on a presumptive basis under 38 C.F.R. § 3.309(c) ORDER Service connection for post-traumatic osteoarthritis of the cervical spine is granted. STEPHEN L. WILKINS Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.