Citation Nr: 18142497 Decision Date: 10/16/18 Archive Date: 10/16/18 DOCKET NO. 16-18 584 DATE: October 16, 2018 ORDER An effective date earlier than March 26, 2010 for the award of service connection for a neck disability is denied. An effective date earlier than March 26, 2010 for the award of service connection for a left hip disability is denied. An effective date earlier than March 26, 2010 for the award of service connection for a back disability is denied. An effective date earlier than September 29, 2011 for the award of service connection for a right shoulder disability is denied. FINDINGS OF FACT 1. VA received the Veteran’s claim for service connection for disabilities of the neck, left hip, and back on March 26, 2010. 2. VA received the Veteran’s claim for service connection for a right shoulder disability on September 29, 2011. CONCLUSIONS OF LAW 1. The criteria for an effective date earlier than March 26, 2010 for the awards of service connection for disabilities of the neck, left hip, and back have not been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.1, 3.102, 3.400. 2. The criteria for an effective date earlier than September 29, 2011 for the award of service connection for a right shoulder disability have not been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.1, 3.102, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Effective Date Generally, the effective date for an award of service connection is the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a) (2012); 38 C.F.R. § 3.400 (2018). The effective date of an evaluation and award of compensation on an original claim for compensation will be the day following separation from active duty service or the date entitlement arose if the claim is received within 1 year after separation from service; otherwise, date of receipt of claim or date entitlement arose, whichever is later. 38 U.S.C. § 5110(a)-(b)(1); 38 C.F.R. § 3.400(b)(2). 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) (2018). Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by VA, from a claimant, his or her duly authorized representative, or a person acting as next friend who is not sui juris may be considered an informal claim. 38 C.F.R. § 3.155 (2018). 1. An effective date earlier than March 26, 2010 for the award of service connection for a neck disability 2. An effective date earlier than March 26, 2010 for the award of service connection for a left hip disability 3. An effective date earlier than March 26, 2010 for the award of service connection for a back disability VA received an informal claim for service connection for various disabilities on June 29, 2009. That informal claim did not include any of the disabilities on appeal. On March 26, 2010, VA received a formal application for compensation which included disabilities of the neck, left hip, and back. That formal application was accompanied by a copy of the informal claim filed earlier but with the additional handwritten disabilities of the neck, left hip, and back. The Veteran asserts that she is entitled to an effective date of her informal claim as her formal application for compensation was received within one year of that date. However, her informal claim did not include the disabilities on appeal. Thus, she is not entitled to an effective date of June 29, 2009 for those awards. As VA did not receive the Veteran’s claim for service connection for disabilities of the neck, left hip, and back until March 26, 2010, that is the proper effective date for the awards of service connection. While the Board is sympathetic to the Veteran’s situation, the legal authority governing effective dates is clear and specific, and the Board is bound by that authority. The Veteran has been assigned an effective date of the date of receipt of her formal application for compensation. The record does not show, and the Veteran does not assert, that she filed an earlier informal claim for disabilities of the neck, left hip, and back. Thus, the Board finds that March 26, 2010 is the appropriate effective date for the awards of service connection for disabilities of the neck, left hip, and back as that is the date of receipt of the claim. Accordingly, an effective date earlier than March 26, 2010 for the awards of service connection for disabilities of the neck, left hip, and back is denied. In a case where the law and not the evidence is dispositive, the claim should be denied or the appeal to the Board terminated because of the absence of legal merit or the lack of entitlement under the law. Sabonis v. Brown, 6 Vet. App. 426 (1994). 4. An effective date earlier than September 29, 2011 for the award of service connection for a right shoulder disability VA received a supplemental claim for service connection for a right shoulder disability on September 29, 2011. The Veteran asserts that she is entitled to an effective date of her informal claim. However, her informal claim did not include a right shoulder disability. Thus, she is not entitled to an effective date of June 29, 2009 for that award. As VA did not receive the Veteran’s claim for service connection for a right shoulder disability until September 29, 2011, that is the proper effective date for the award of service connection. While the Board remains sympathetic to the Veteran’s situation, the Board is bound by the legal authority governing effective dates. The Veteran has been assigned an effective date of the date of receipt of her supplemental claim. The record does not show, and the Veteran does not assert, that she filed an earlier claim for a right shoulder disability. Thus, the Board finds that September 29, 2011 is the appropriate effective date for the award of service connection for a right shoulder disability as that is the date of receipt of the claim. (Continued on the next page)   Accordingly, an effective date earlier than September 29, 2011 for the award of service connection for a right shoulder disability is denied. In a case where the law and not the evidence is dispositive, the claim should be denied or the appeal to the Board terminated because of the absence of legal merit or the lack of entitlement under the law. Id. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. W. Kim, Counsel