Citation Nr: 18140069 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 16-11 832 DATE: October 2, 2018 ORDER Entitlement to an effective date prior to November 7, 2013 for the grant of service connection for major depressive disorder with alcohol use disorder (major depressive disorder) is denied. Entitlement to an effective date prior to November 7, 2013 for the grant of service connection for gastroesophageal reflux disease (GERD) is denied. Entitlement to an effective date prior to November 7, 2013 for the grant of service connection for left wrist strain is denied. FINDING OF FACT Service connection for major depressive disorder with alcohol use disorder, GERD, and left wrist strain is effective November 7, 2013, the date that VA first received a claim for such benefits. There are no communications prior to November 7, 2013 reflecting the intent to file a claim for any psychological disorder, GERD, or left wrist strain. CONCLUSIONS OF LAW 1. The criteria for entitlement to an effective date prior to November 7, 2013 for the grant of service connection for major depressive disorder have not been met. 38 U.S.C. §§ 5101, 5110 (2012); 38 C.F.R. §§ 3.151, 3.155, 3.400 (2017). 2. The criteria for entitlement to an effective date prior to November 7, 2013 for the grant of service connection GERD have not been met. 38 U.S.C. §§ 5101, 5110 (2012); 38 C.F.R. §§ 3.151, 3.155, 3.400 (2017). 3. The criteria for entitlement to an effective date prior to November 7, 2013 for the grant of service connection for left wrist strain have not been met. 38 U.S.C. §§ 5101, 5110 (2012); 38 C.F.R. §§ 3.151, 3.155, 3.400 (2017). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from June 2000 to June 2004 and March 2009 to March 2012. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision by the Department of Veterans Affairs (VA). Entitlement to an effective date prior to November 7, 2013 for the grants of service connection for major depressive disorder, GERD, and left wrist strain. Except as otherwise provided, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. If a claim is filed within one year of service, the effective date will be the day after the Veteran’s discharge from service. Id. A claim is a formal or informal communication in writing requesting a determination of entitlement, or evidencing a belief in entitlement, to a benefit. 38 C.F.R. § 3.1(p) (2012). The essential elements for any claim, whether formal or informal, are: (1) intent to apply for benefits; (2) identification of the benefits sought; and (3) communication in writing. Brokowski v. Shinseki, 23 Vet. App. 79, 84 (2009). The Veteran stated that the effective date for the grants of service connection for major depressive disorder, GERD, and left wrist strain should be March 16, 2012, the date he was discharged from his second period of active duty service, on the basis that he called VA to file a new claim for benefits on March 12, 2012. As reported by the Veteran, along with his new claim submitted in March 2012, he also submitted military records, which should be treated as evidence that he had filed a new claim. See, e.g., March 2016 substantive appeal. The record reflects that on March 12, 2012, the Veteran called VA to have his benefits reinstated (due to being discharged from active duty) and to file a dependency claim for his spouse and mother. VA records do not reflect the Veteran filed any new claim for compensation benefits. See March 2012 Report of General Information. Service treatment records (STRs) were received in August 2012. On November 7, 2013, the Veteran called VA and filed a claim for posttraumatic stress disorder (PTSD), acid reflux, and a left wrist disability. See November 2013 Report of General Information. While the Veteran is competent and credible to report that he told VA to file a new claim for benefits on March 12, 2012, there is no written record of that request. The Board must assign no probative weight to the Veteran’s statements because claims must be in writing and there is no written evidence of any communication seeking benefits for a psychological disorder, gastroesophageal disorder, or left wrist disability prior to the November 7, 2013 communication. Additionally, the submission of STRs cannot be considered evidence of a claim for benefits, because they do not reflect an intent to file a claim. As a result, there is no evidence of written communication with VA prior to November 7, 2013 indicating an intent to apply for compensation benefits for these disabilities. Because there is no communication indicating an intent to file a claim of service connection for any psychological disorder, GERD, or left wrist strain prior to November 7, 2013, and because the November 7, 2013 claim for benefits was not completed within one year of active duty service, entitlement to an effective date prior to November 7, 2013 is not warranted. The Board is grateful to the Veteran for his honorable service, and regrets a more favorable outcome could not be reached. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Sandler, Associate Counsel