Citation Nr: 18153834 Decision Date: 11/29/18 Archive Date: 11/28/18 DOCKET NO. 16-46 299 DATE: November 29, 2018 ORDER Entitlement to a rating of 20 percent for peripheral neuropathy of the left lower extremity prior to January 19, 2012 is denied. Entitlement to a rating of 20 percent for peripheral neuropathy of the right lower extremity prior to January 19, 2012 is denied. FINDINGS OF FACT 1. The Veteran is not entitled to an earlier effective date for his rating of 20 percent for left lower extremity neuropathy. 2. The Veteran is not entitled to an earlier effective date for his rating of 20 percent for right lower extremity neuropathy. CONCLUSIONS OF LAW 1. The criteria for an effective date earlier than January 19, 2012, for a rating of 20 percent for peripheral neuropathy of the left lower extremity have not been met. 38 C.F.R. § 3.400 (in effect prior to March 24, 2015). 2. The criteria for entitlement to an effective date earlier than January 19, 2012 for a rating of 20 percent for peripheral neuropathy of the right lower extremity have not been met. 38 C.F.R. § 3.400 (in effect prior to March 24, 2015). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1967 to June 1969 in Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2012 Rating Decision of the Department of Veterans Affairs (VA) Regional Office (RO). In July 2016, the Veteran’s rating for peripheral neuropathy was increased to 20 percent for each lower extremity with an effective date of January 19, 2012. The Veteran was also awarded total disability due to individual unemployability (TDIU) with an effective date of March 26, 2009. See July 2016 Rating Decision. In a July 2017 notice of disagreement, the Veteran indicated that he did not disagree with his increased rating to 20 percent. See July 2017 NOD at 5. In his subsequent June 2018 Form 9, the Veteran’s representative argued that the Veteran is entitled to an earlier effective date for his bilateral peripheral neuropathy. The Board notes that the Veteran filed a notice of disagreement in June 2018 seeking an earlier effective date for TDIU benefits. This matter has not yet been certified to the Board. Accordingly, as the Board does not currently have jurisdiction over the claim, it will not be addressed in this decision. Entitlement to earlier effective dates for a rating of 20 percent for peripheral neuropathy of the left lower extremity and a rating of 20 percent for peripheral neuropathy of the right lower extremity. The Veteran, via his representative contends that he is entitled to an earlier effective date for his 20 percent ratings of peripheral neuropathy of the bilateral lower extremities. See July 2017 NOD. Regulation 38 C.F.R. § 3.400 provides that the effective date of a claim for an increase will be the date of the receipt of the claim, or the date entitlement arose, whichever is the later. The Board notes that on March 24, 2015, VA amended its adjudication regulations to require that all claims governed by VA’s adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. See 79 Fed. Reg. 57660 (Sept. 25, 2014). The amendments, however, are only effective for claims and appeals filed on or after March 24, 2015. As the appeal in this case was filed prior to that date, the amendments are not applicable in this instance and the regulations in effect prior to March 24, 2015 will be applied in this case, as referenced below. The Veteran filed a claim for an increased rating on January 19, 2012. See January 2012 Veteran Supplemental Claim. In July 2016, the Veteran was awarded a rating of 20 percent for peripheral neuropathy of the left lower extremity and 20 percent for peripheral neuropathy of the right lower extremity, effective January 19, 2012, the date of his application for an increased rating. See July 2016 Rating Decision. There is no indication of an intent to file an increased rating claim prior to that date. Accordingly, the claims are denied. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Wimbish, Associate Counsel