Citation Nr: 18143382 Decision Date: 10/19/18 Archive Date: 10/18/18 DOCKET NO. 16-31 404 DATE: October 19, 2018 ORDER Service connection for residuals of cold weather injuries of the left foot/ankle is granted effective May 9, 2007. Service connection for residuals of cold weather injuries of the right foot/ankle is granted effective May 9, 2007. FINDINGS OF FACT 1. On May 9, 2007, VA received a claim of entitlement to service connection for cold weather injuries of the bilateral feet/ankles. 2. A September 2007 rating decision denied entitlement to service connection for residuals of cold weather injuries; the Veteran filed a notice of disagreement (NOD), and a March 2008 statement of the case (SOC) and April 2008 supplemental statement of the case (SSOC) affirmed the denial of service connection. 3. In May 2008, VA received correspondence in which the Veteran implicitly identified errors of law and/or fact regarding the issues of entitlement to service connection for residuals of cold weather injuries of the bilateral feet/ankles. CONCLUSIONS OF LAW 1. The criteria for an effective date of May 9, 2007, for the grant of service connection for residuals of cold weather injuries of the left foot/ankle have been met. 38 U.S.C. §§ 5101, 5107, 5110, 7105; 38 C.F.R. §§ 3.102, 3.151, 3.155, 3.400, 20.202. 2. The criteria for an effective date of May 9, 2007, for the grant of service connection for residuals of cold weather injuries of the right foot/ankle have been met. 38 U.S.C. §§ 5101, 5107, 5110, 7105; 38 C.F.R. §§ 3.102, 3.151, 3.155, 3.400, 20.202. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1978 to September 1984. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Effective Date 1. Entitlement to an effective date prior to March 13, 2015, for the grant of service connection for residuals of cold weather injuries of the left foot/ankle 2. Entitlement to an effective date prior to March 13, 2015, for the grant of service connection for residuals of cold weather injuries of the right foot/ankle A November 2015 rating decision granted service connection for cold weather injury residuals of the bilateral feet/ankles and assigned a 20 percent rating for each extremity, effective March 13, 2015. The Veteran contends that he is entitled to an effective date of May 9, 2007, for the grant of service connection for cold weather injury residuals of the bilateral feet/ankles, which is the date VA received the initial claim for service connection. Generally, the effective date for the grant of a benefit will be the day following separation from active service or the date entitlement arose, if the claim is received within one year after discharge from service. Otherwise, for an award based on an original claim, claim reopened after a final disallowance, or claim for an increased rating, the effective date is 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. Effective March 24, 2015, claims are required to be filed on standard forms, thus eliminating constructive receipt of claims and informal claims. See 79 Fed. Reg. 57,660 (Sept. 25, 2014). This case involves dates prior to March 24, 2015, so the regulations in place prior to that date are applicable and are referred to in this section. A “claim” is defined broadly to include 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). A claim for VA compensation must generally be in the form prescribed by the VA Secretary. See 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151(a). Any communication or action, however, received from the claimant, or certain specified individuals on the claimant’s behalf, that indicates intent to apply for a benefit, and identifies that benefit, may be considered an informal claim. 38 C.F.R. § 3.155(a). On May 9, 2007, VA received a claim of entitlement to service connection for cold weather injuries of the bilateral feet/ankles. A September 2007 rating decision denied entitlement to service connection for residuals of cold weather injuries; the Veteran filed an NOD, and a March 2008 SOC and April 2008 SOC affirmed the denial of service connection. In May 2008, within the appellate period, VA received correspondence in which the Veteran specifically identified the issue of entitlement to service connection for residuals of cold weather injuries of the bilateral lower extremities and implicitly identified errors of law and/or fact regarding the denial of service connection by the Agency of Original Jurisdiction. 05/16/2008, Correspondence. Resolving reasonable doubt in favor of the Veteran, and construing pleadings liberally, the Board finds that the May 2008 correspondence constitutes a substantive appeal; therefore, the September 2007 rating decision is not final and the claim remained pending. See 38 U.S.C. § 7105(d)(3); 38 C.F.R. § 20.202; see Rivera v. Shinseki, 654 F.3d 1377, 1381 (Fed. Cir. 2011) (holding that § 7105(d)(3) does not prescribe a particular format for the veteran's appeal or a particular degree of specificity that must be provided). Accordingly, the Board finds that service connection for residuals of cold weather injuries of the bilateral feet/ankles is warranted effective May 9, 2007, the date VA received the initial claim. The Board has reviewed the record but has not found any formal or informal written communication that could be construed as a claim of entitlement to service connection for cold weather injury residuals of the bilateral feet/ankles prior to May 9, 2007; thus, an effective date prior to May 9, 2007, for the grant of service connection for cold weather injury residuals of the bilateral feet/ankles is not warranted. See 38 C.F.R. § 3.155(a). Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J.A. Gelber, Associate Counsel