Citation Nr: 18149833
Decision Date: 11/14/18	Archive Date: 11/13/18

DOCKET NO. 18-25 589
DATE:	November 14, 2018
ORDER
Commencement of payment of compensation benefits prior to November 1, 2016 is denied.
FINDINGS OF FACT
1.  In a rating decision issued in July 2017, a Department of Veterans Affairs (VA) Regional Office (RO) granted service connection for multiple disabilities, effective October 1, 2016; the day following the Veteran’s separation from service. 
2.  Monetary benefits were paid for the Veteran’s service-connected disabilities beginning on November 1, 2016; the first day of the calendar month following the month in which his award became effective.
CONCLUSION OF LAW
There is no entitlement under the law to payment of compensation benefits prior to November 1, 2016.  38 U.S.C. §§ 5110, 5111 (2012); 38 C.F.R. §§ 3.31, 3.400 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran served on active duty in the United States Marine Corps from August 1984 to August 1985 and from September 1991 to September 2016.
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision issued by a VA RO.
Entitlement to commencement of payment of compensation benefits prior to November 1, 2016.
Under 38 U.S.C. § 5110(b)(1) and 38 C.F.R. § 3.400(b)(2)(i), the effective date for an award of compensation based on direct service connection will be the day following separation from active service or date entitlement arose if a claim is received within one year after separation from service.  Otherwise the effective date is the date of receipt of claim, or date entitlement arose, whichever is later. 
Regardless of VA regulations concerning effective dates of awards (and with exceptions not here applicable), payment of monetary benefits based on original, reopened, or increased awards of compensation, pension or dependency and indemnity compensation may not be made for any period prior to the first day of the calendar month following the month in which the award became effective.  38 U.S.C. § 5111; 38 C.F.R. § 3.31.
This does not mean that a veteran is not paid for the first month of his or her entitlement; only that such payment is made in arrears.  For example, benefits due to a beneficiary for the month of October are deposited on or near November 1, after the month of October has passed.
Here, the record shows the Veteran retired from active duty on September 30, 2016.  He filed a claim for VA compensation benefits in May 2016, prior to his separation from service.
In a July 2017 rating decision, the RO granted service connection for multiple disabilities, effective October 1, 2016; the day following the Veteran’s separation from service.  A few days after the decision was entered, he was notified of the decision and informed that monetary benefits were being paid for his service-connected disabilities, effective from November 1, 2016.
As noted above, payments for benefits due in October are paid arrears in November.  Thus, as of June 1, 2017, the Veteran was entitled to payment for eight months of benefits (October, November, December, January, February, March, April, and May).  The law prohibits a greater payment than that.
In this case, the facts are not in dispute, and application of the law to the facts is dispositive.  Where there is no entitlement under the law to the benefit sought, the appeal must be denied.  See Sabonis v. Brown, 6 Vet. App. 426 (1994).
 
DAVID A. BRENNINGMEYER
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. R. Watkins, Counsel