Citation Nr: 18144753
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 16-32 444
DATE:	October 25, 2018
ORDER
Entitlement to an effective date earlier than May 4, 2015 for the award of service connection for tinnitus is denied.
FINDING OF FACT
The competent and probative evidence of record reflects entitlement to service connection for tinnitus arose on May 4, 2015.

CONCLUSION OF LAW
The criteria for an effective date earlier than May 4, 2015, for the grant of service connection for tinnitus have not been met.  38 U.S.C. § 1114 (l), (s), 5103, 5103A, 5107(b), 5110 (2012); 38 C.F.R. § 3.400 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Army from September 1972 to February 1976.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California.  By that rating action, the RO granted service connection for tinnitus; an initial 10 percent rating was granted, effective July 11, 2015--the date VA received the Veteran’s claim for compensation for this disability.  The Veteran appealed the RO’s January 2016 rating action and the determination therein to the Board. 
By a July 2016 rating action, the RO granted an effective date of May 4, 2015 to the award of service connection for tinnitus--the date of a VA examination report reflecting that the Veteran had complained of tinnitus that had had its onset during service.  Thus, the Board has characterized the claim to reflect the RO’s actions as noted on the title page. 
The Board has considered the propriety of the May 4, 2015 effective date for the Veteran’s grant of service connection for tinnitus and finds that there is no legal entitlement to an earlier effective date in this case.
In making this finding, the Board notes that a VA Hearing Loss and Tinnitus Disability Benefits Questionnaire (DBQ), dated May 4, 2015, reflects, in pertinent part, that the Veteran had complained of having had tinnitus because of in-service acoustic trauma.  (See May 2015 Hearing Loss and Tinnitus DBQ).  By the appealed January 2016 rating action, the RO granted service connection for tinnitus; an initial 10 percent rating was granted, effective July 11, 2015--the date VA received the Veteran’s initial claim for compensation for this disability.  By a July 2016 rating action, the RO granted an effective date of May 4, 2015 to the award of service connection for tinnitus--the date of a VA examination report reflecting that the Veteran had complained of tinnitus that had had its onset during service.  It is well-established that the effective date for a claim, shall be the date of receipt of the new claim or date entitlement arose, whichever is later. 
The Board finds that no communication was received from the Veteran or any representative seeking to establish service connection for tinnitus prior to May 4, 2015.  Moreover, medical treatment records prior to May 4, 2014 do not reflect any subjective complaints or clinical findings of tinnitus.  Notably, when examined by VA in April 2014, the Veteran specifically denied having had tinnitus.  (See April 2014 Hearing Loss and Tinnitus DBQ).  The Board acknowledges the Veteran’s contention that entitlement to an earlier effective date is warranted in this case.  The Board notes, however, that service connection was granted based primarily on the findings of the May 2014 VA examination report, i.e., the date entitlement arose. 
Based on a review of the foregoing evidence, and the applicable laws and regulations, the Board finds that the preponderance of the evidence of record is against the Veteran’s claim for an effective date earlier than May 4, 2015, for the grant of service connection for tinnitus.  Accordingly, the appeal is denied.
 
Thomas H. O'Shay
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Carole Kammel, Counsel