Citation Nr: 18146944 Decision Date: 11/02/18 Archive Date: 11/02/18 DOCKET NO. 16-15 617A DATE: November 2, 2018 ORDER Entitlement to an effective date prior to October 31, 2012 for the grant of service connection for degenerative joint disease of the cervical spine status post anterior cervical fusion (cervical spine disability) is denied. REMANDED Entitlement to an increased rating for a cervical spine disability, rated as 20 percent disabling prior to January 29, 2016 and 30 percent disabling thereafter, is remanded. FINDING OF FACT The Veteran’s original claim for service connection for a cervical spine disability was received by VA on October 31, 2012; there were no formal or informal claims prior to that date. CONCLUSION OF LAW The criteria for an effective date prior to October 31, 2012 for the grant of service connection for a cervical spine disability have not been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.151, 3.155, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from October 1979 to April 1984. He died in May 2018. The Appellant is his surviving spouse. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). While the Veteran initially requested a Board hearing, in an October 2018 correspondence the Appellant indicated that she did not desire a Board hearing. 1. Entitlement to an effective date prior to October 31, 2012 for the grant of service connection for a cervical spine disability The effective date of an evaluation and award of compensation based on an original claim or a claim reopened after final disallowance, will be the date of receipt of the claim or the date entitlement arose, whichever is later. See 38 U.S.C. § 5110 (2012); 38 C.F.R. § 3.400 (2018). If the claim for service connection is received within one year of a veteran’s discharge from service, the effective date of an award of service connection will be the day following discharge from service or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(b)(1) (2012); 38 C.F.R. § 3.400(b)(2) (2018). The effective date of an award based on a claim reopened after final adjudication shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. 38 U.S.C. § 5110 (2012); 38 C.F.R. § 3.400(q)(2), (r) (2018). On October 31, 2012 VA received a VA Form 21-526EZ requesting service connection for “ruptured cervical discs.” A September 2013 rating decision granted service connection for a cervical spine disability with an effective date of October 31, 2012. After thoroughly reviewing the record, the Board finds that prior to October 31, 2012, there were no pending and unadjudicated claims for service connection for a cervical spine disability. While the Veteran has requested an earlier effective date, he did not indicate why an earlier effective date was warranted. Likewise, the Appellant also has not indicated why an earlier effective date is warranted. Specifically, neither the Veteran nor the Appellant identified any claim for service connection for a cervical spine disability prior to October 31, 2012. Accordingly, October 31, 2012, the date of receipt of the Veteran’s original claim for service connection, is the appropriate effective date for service connection. As discussed below, the Board is remanding the other claim to obtain updated medical evidence. Nevertheless, for the reasons set forth above, this evidence cannot establish entitlement to an earlier effective date for the Veteran’s cervical spine disability as a matter of law. Thus, the claim for an effective date prior October 31, 2012 for the grant of service connection must be denied. REASONS FOR REMAND 1. Entitlement to an increased rating for a cervical spine disability is remanded. The evidence indicates there may be outstanding relevant VA treatment records. A July 11, 2016 VA treatment record indicates that the Veteran was to return for follow up appointments in October 2016 and April 2017. VA treatment records subsequent to July 11, 2016 have not been associated with the claims file. A remand to obtain VA treatment records dated through the Veteran’s date of death is required. The record indicates that there are outstanding private treatment records. A July 30, 2013 VA treatment record notes that the Veteran received private chiropractic treatment and physical therapy for his cervical spine disability. To date, these records have not been requested or otherwise obtained. On remand, reasonable efforts should be made to obtain them. The matter is REMANDED for the following action: Ask the Appellant to provide the names and addresses of all medical care providers who treated the Veteran for his cervical spine disability, including his chiropractor and physical therapist. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated through May 1, 2018. If any requested records are unavailable, the Appellant should be notified of such. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Anderson