Citation Nr: 18143581 Decision Date: 10/19/18 Archive Date: 10/19/18 DOCKET NO. 17-34 754 DATE: October 19, 2018 ORDER An effective date earlier than February 25, 2014 for the award of a total disability rating based on individual unemployability (TDIU) is denied. FINDING OF FACT An October 2014 rating decision granted a TDIU effective February 25, 2014. The Veteran was notified of the decision and his appellate rights, but he did not initiate an appeal. CONCLUSIONS OF LAW 1. The October 2014 rating decision that granted a TDIU effective February 25, 2014 is final. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.160(d), 20.200, 20.302, 20.1103. 2. The criteria for an effective date earlier than February 25, 2014 for the award of a TDIU have not been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.1, 3.102, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSIONS 1. An effective date earlier than February 25, 2014 for the award of a TDIU Generally, the effective date for an award of an increased rating 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). A claim for a TDIU is essentially a claim for an increased rating. 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). In this case, VA received the Veteran’s claim for a TDIU on February 25, 2014. An October 2014 rating decision granted a TDIU effective February 25, 2014. The Veteran was notified of the decision and his appellate rights, but he did not initiate an appeal. There is no indication that new and material evidence was received within the one year following that decision that would have been pertinent to the issue. 38 C.F.R. § 3.156(b) (2018). Thus, the decision became final. In March 2016, the Veteran requested an earlier effective date for the award of a TDIU. Given the above, the Veteran is seeking an earlier effective date stemming from a final rating decision. The Board observes that only a request for revision based on clear and unmistakable error (CUE) can result in the assignment of an effective date earlier than the date of a final decision, as free-standing claims for earlier effective dates vitiate the rule of finality. Rudd v. Nicholson, 20 Vet. App. 296 (2006). The Veteran has not asserted CUE in this case. Accordingly, an effective date earlier than February 25, 2014 for the award of a TDIU 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). KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. W. Kim, Counsel