Citation Nr: 18148856 Decision Date: 11/08/18 Archive Date: 11/08/18 DOCKET NO. 18-24 121 DATE: November 8, 2018 ORDER Entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a back disability is granted. Entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for radiculopathy secondary to a back disability is granted. Entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a left hand disability is granted. Entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a left knee disability is granted. Entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a right knee disability is granted. Entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a left shoulder disability is granted. Entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a right shoulder disability is granted. FINDINGS OF FACT 1. A September 2009 rating decision denied entitlement to service connection for bilateral knee and left shoulder disabilities. The Veteran was notified of that decision, but did not initiate an appeal, and new and material evidence was not received within one year of the notice of that rating decision. 2. On February 13, 2014, the Veteran notified the Department of Veterans Affairs that he intended to apply for compensation benefits, and available service treatment records contained reasonably identifiable in-service medical diagnoses including bilateral chondromalacia patella, bursitis of the right shoulder, multiple large abrasions on the arms and back, and a left hand injury. CONCLUSIONS OF LAW 1. The September 2009 rating decision, which denied the Veteran’s claims of entitlement to service connection for bilateral knee and left shoulder disabilities, is final. 38 U.S.C. § 7105(c) (2012); 38 C.F.R. §§ 3.104, 3.156, 20.201, 20.302, 20.1103 (2017). 2. The criteria for entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a back disability have been met. See 38 U.S.C. §§ 5101, 5107, 5110 (2012); 38 C.F.R. §§ 3.1, 3.114, 3.151, 3.155 (effective prior to March 24, 2015), 3.400 (2017). 3. The criteria for entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for radiculopathy secondary to a back disability have been met. See 38 U.S.C. §§ 5101, 5107, 5110 (2012); 38 C.F.R. §§ 3.1, 3.114, 3.151, 3.155 (effective prior to March 24, 2015), 3.400 (2017).   4. The criteria for entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a left hand disability have been met. See 38 U.S.C. §§ 5101, 5107, 5110 (2012); 38 C.F.R. §§ 3.1, 3.114, 3.151, 3.155 (effective prior to March 24, 2015), 3.400 (2017). 5. The criteria for entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a left knee disability have been met. See 38 U.S.C. §§ 5101, 5107, 5110 (2012); 38 C.F.R. §§ 3.1, 3.114, 3.151, 3.155 (effective prior to March 24, 2015), 3.400 (2017). 6. The criteria for entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a right knee disability have been met. See 38 U.S.C. §§ 5101, 5107, 5110 (2012); 38 C.F.R. §§ 3.1, 3.114, 3.151, 3.155 (effective prior to March 24, 2015), 3.400 (2017). 7. The criteria for entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a left shoulder disability have been met. See 38 U.S.C. §§ 5101, 5107, 5110 (2012); 38 C.F.R. §§ 3.1, 3.114, 3.151, 3.155 (effective prior to March 24, 2015), 3.400 (2017). 8. The criteria for entitlement to an effective date of February 13, 2014 (but no earlier) for service connection for a right shoulder disability have been met. See 38 U.S.C. §§ 5101, 5107, 5110 (2012); 38 C.F.R. §§ 3.1, 3.114, 3.151, 3.155 (effective prior to March 24, 2015), 3.400 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1977 to December 1984. This appeal comes to the Board of Veterans’ Appeals (Board) from April 2016 and March 2018 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran and his representative have not raised any issues with the duty to notify or duty to assist regarding the Veteran’s claims. See Scott v McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board . . . to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to duty to assist argument). Although there are some exceptions as specified by law, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. See 38 U.S.C. § 5110. Neither the Veteran nor his attorney have cited an applicable exception to the rule the on appeal, and the Board finds no compelling evidence that an exception applies. Therefore, the focus in this case is on determining what is the correct date of the receipt of the claims on appeal. VA received the Veteran’s original claim for entitlement to service connection for disabilities of both knees and the left shoulder in March 2009. A September 2009 rating decision denied the claims. The Veteran was notified of that decision, but did not initiate an appeal, and new and material evidence was not received within one year of the notice of that rating decision. Although the Veteran contends he filed an untimely Notice of Disagreement in 2010 followed by additional claims in 2013 and 2014, a review of the record shows the Veteran’s next documented contact with VA about compensation claims was on February 13, 2014. See May 2018 Statement of Accredited Representative in Appealed Case; February 2014 Report of General Information. Therefore, the Board finds the September 2009 rating decision is final. See 38 U.S.C. § 7105(c) (2012); 38 C.F.R. §§ 3.104, 3.156, 20.201, 20.302, 20.1103 (2017). The United States Court of Appeals for Veterans Claims (CAVC) recently held that a general statement of intent to seek benefits, coupled with a reasonably identifiable in-service medical diagnosis reflected in service treatment records in VA’s possession prior to the RO making a decision on the claim may be sufficient to constitute a claim for benefits. See Sellers v. Wilkie, No. 16-2993 (Vet. App. Aug. 23, 2018). In this Veteran’s case, a VA report of contact dated February 13, 2014 shows the Veteran contacted to VA and indicated he wished to file a claim for compensation benefits. A review of the Veteran’s service treatment records available to the RO at that time shows reasonably identifiable in-service medical diagnosis including bilateral chondromalacia patella, bursitis of the right shoulder, multiple large abrasions on the Veteran’s arms and back, and a left hand injury. Many of these diagnoses were explicitly noted on the Veteran’s separation examination along with current symptomatology. In light of the totality of the evidence, the Board finds that the Veteran is entitled to an effective date of February 13, 2014 (but no earlier) for service connection for his disabilities as that is the date the Veteran’s informal claim was received. See 38 U.S.C. §§ 5101, 5107, 5110 (2012); 38 C.F.R. §§ 3.1, 3.114, 3.151, 3.155 (effective prior to March 24, 2015), 3.400 (2017). MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Michael Duffy, Associate Counsel