Citation Nr: 18143987 Decision Date: 10/22/18 Archive Date: 10/22/18 DOCKET NO. 18-19 270 DATE: October 22, 2018 ORDER An effective date of January 7, 2016, for service connection for diabetes mellitus, diabetic nephropathy, diabetic retinopathy, peripheral neuropathy of the right and left lower extremities involving the sciatic and femoral nerves, peripheral neuropathy of the right and left upper extremities, hypertension, cellulitis of the left toe, left ear hearing loss, and tinnitus, is granted. FINDINGS OF FACT On January 7, 2016, the RO received an incomplete claim for benefits on a form prescribed by the Secretary and a complete claim for benefits was received within one year of that date. CONCLUSION OF LAW The criteria for an effective date of January 7, 2016, for service connection for diabetes mellitus, diabetic nephropathy, diabetic retinopathy, peripheral neuropathy of the right and left lower extremities involving the sciatic and femoral nerves, peripheral neuropathy of the right and left upper extremities, hypertension, cellulitis of the left toe, left ear hearing loss, and tinnitus, are met. 38 U.S.C. §§ 5107, 5110 (2012); 38 C.F.R. §§ 3.102, 3.155(c), 3.160(a), 3.400 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had air service from November 1961 to November 1969. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In an August 2016 rating decision, the RO granted service connection for diabetes mellitus, diabetic nephropathy, diabetic retinopathy, peripheral neuropathy of the right and left lower extremities involving the sciatic and femoral nerves, peripheral neuropathy of the right and left upper extremities, hypertension, cellulitis of the left toe, left ear hearing loss, and tinnitus, effective April 13, 2016. The Veteran appealed, and is seeking an effective date prior to April 13, 2016. He asserts that the effective date should be based on his original claim for benefits that was filed on January 7, 2016. Generally, and except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity 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(a); 38 C.F.R. § 3.400. Effective on and after March 24, 2015, VA updated the regulations concerning the filing of claims. 79 Fed. Reg. 57,660 (Sept. 24, 2014) (codified in 38 C.F.R. Parts 3, 19, and 20 (2015)). In part, the Department replaced the informal/formal claims process with a standardized and more formal process. See 79 Fed. Reg. at 57,663-64; see also 38 C.F.R. § 3.155 (2015). As a result of the rulemaking, a complete claim on an application form is required for all types of claims. 38 C.F.R. § 3.155(d). In this case, the Veteran filed a VA Form 21-526 EZ, Application for Disability Compensation and Related Compensation Benefits, on January 7, 2016; however, that claim was not complete because it did not identify the disabilities for which he was seeking benefits. See 38 C.F.R. § 3.160(a). On January 26, 2016, the RO sent him a letter notifying him that it had received his correspondence indicating that he would like to file a claim for benefits and that VA now required that all claims be submitted on a standardized form. He was notified that for VA to begin processing a claim for compensation, he must complete, sign, and return a VA Form 21-526EZ. On April 16, 2016, the Veteran submitted another VA Form 21-526EZ, which identified the disabilities for which he was seeking benefits, and was considered a complete claim for benefits. See 38 C.F.R. § 3.160(a). Pursuant to 38 C.F.R. § 3.155(c), upon receipt of a communication indicating a belief in entitlement to benefits that is submitted on a paper application form prescribed the Secretary that is not complete as defined by § 3.160(a) of this section, the Secretary shall notify the claimant and the claimant’s representative, if any, of the information necessary to complete the application form prescribed by the Secretary. If a complete claim is submitted within 1 year of receipt of such incomplete application form prescribed by the Secretary, VA will consider it as filed as of the date VA received the incomplete application form prescribed by the Secretary that did not meet the standards of a complete claim. See § 3.160(a) for Compete Claim. Based on the foregoing, the Board finds that the appropriate effective date is January 7, 2016, the date the incomplete claim was filed. The Veteran filed that claim on a form prescribed by the Secretary and submitted a complete claim within one year of that date. Therefore, an earlier effective date is warranted. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Mishalanie, Counsel