Citation Nr: 18141663 Decision Date: 10/11/18 Archive Date: 10/11/18 DOCKET NO. 16-33 028 DATE: October 11, 2018 ORDER Entitlement to an effective date prior to July 24, 2012 for the grant of service connection for carpal tunnel syndrome of the bilateral upper extremities is denied. FINDINGS OF FACT 1. The Veteran’s claim of entitlement to service connection for a bilateral wrist condition was previously denied by an October 2001 rating decision. The Veteran did not perfect a substantive appeal for that decision, nor did he raise a claim of clear and unmistakable error in this rating decision, and therefore, this rating decision is final. 2. The Veteran filed a petition to reopen a claim for service connection for bilateral carpal tunnel syndrome on July 24, 2012. 3. In September 2014, the RO granted service connection for carpal tunnel syndrome of the bilateral upper extremities and assigned an effective date of July 31, 2013. In a June 2016 rating decision, the RO granted an earlier effective date of July 24, 2012 for service connection, the date of filing to reopen. CONCLUSION OF LAW The criteria for an effective date earlier than July 24, 2012 for the grant of service connection for carpal tunnel syndrome of the bilateral upper extremities, have not been met. 38 U.S.C. §§ 5110, 7105; 38 C.F.R. §§ 3.104, 3.160, 3.400, 20.200, 20.302, 20.1103. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the Marine Corps from May 1994 to May 1998. Earlier Effective Date Generally, and except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation (DIC) 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 (a); 38 C.F.R. § 3.400. If a claim for disability compensation, i.e., service connection, is received within one year after separation from service, the effective date of entitlement is the day following separation or the date entitlement arose. 38 C.F.R. § 3.400 (b)(2)(i). A rating decision becomes final and binding if the Veteran does not timely perfect an appeal of the decision. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.104 (a), 3.160(d), 20.200, 20.302, 20.1103. For an award based on receipt of new and material evidence, other than service treatment records (STRs), received within the appeal period or prior to an appellate decision, the effective date will be as though the former decision had not been rendered. 38 C.F.R. § 3.400 (q)(1). The proper effective date for an award based on receipt of new and material evidence, other than STRs, received after a final disallowance is the date of receipt of the claim to reopen or the date entitlement arose, whichever is later. 38 U.S.C. § 5110 (i); 38 C.F.R. §§ 3.400 (q)(2), 3.400(r). Bilateral Carpal Tunnel Syndrome The Veteran contends that the effective date for service connection for his carpal tunnel syndrome of the bilateral upper extremities should be earlier than July 24, 2012. Specifically, the Veteran asserts that the effective date for carpal tunnel syndrome should be in October 2001, or back to the date of his original claim filing. Turning to the record of evidence, the Veteran submitted his original claim for a bilateral wrist condition in May 2001 and the claim was denied by an October 2001 rating decision. The Veteran did not perfect an appeal and therefore, the rating decision became final. The Veteran submitted a petition to reopen his claim on July 24, 2012. In rating decisions dated June 2013 and January 2014, the RO continued the previous denial of the claim for bilateral carpal tunnel syndrome. In September 2014, the RO granted service connection for carpal tunnel syndrome of the bilateral upper extremities, assigning an effective date of July 31, 2013, the date of the Veteran’s request for reconsideration of the denial of service connection. In a June 2016 rating decision, the RO granted an earlier effective date of July 24, 2012 for the grant of service connection, finding that the Veteran had continuously prosecuted his claim since the July 2012 petition to reopen was received. After review of the record, the Board finds the effective date of July 24, 2012 to be appropriate. Regarding the October 2001 rating decision, the Veteran did not perfect a substantive appeal, nor did he raise a claim of clear and unmistakable error in this rating decision. Therefore, the October 2001 decision is final. During a July 2014 VA examination, the examiner found that the Veteran’s current bilateral carpal tunnel syndrome is at least as likely as not a residual of his military service. The RO granted the Veteran’s claim based on the findings of this examination. The Board agrees that the initial assignment of an effective date of July 31, 2013 was improper, as the Veteran submitted a claim to reopen in July 2012 and has continuously pursued this claim since that time. However, in the June 2016 rating decision, the RO appropriately assigned the earliest effective date possible based on the filing to reopen the case after a final disallowance, subsequent to the laws governing the assignment of effective dates as stated in 38 C.F.R. § 3.400. Therefore, the effective date of July 24, 2012 is appropriate. For these reasons, an effective date earlier than July 24, 2012 for service connection for the Veteran’s carpal tunnel syndrome of the bilateral upper extremities is not warranted. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Freeman, Associate Counsel