Citation Nr: 18153880
Decision Date: 11/28/18	Archive Date: 11/28/18

DOCKET NO. 16-53 546A
DATE:	November 28, 2018
ORDER
An effective date of March 20, 2015, for the award of service connection for depressive disorder is granted.
FINDING OF FACT
An informal claim for service connection for depressive disorder was initially received on March 20, 2015.
CONCLUSION OF LAW
The criteria for an effective date of March 20, 2015, for the award of service connection for depressive disorder have been met.  38 U.S.C. §§ 5107, 5110 (2012); 38 C.F.R. §§ 3.1(p), 3.155(a) (2014), 3.400 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from February 1966 to February 1968.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

Earlier Effective Date for Depressive Disorder
In an August 2016 rating decision, service connection was granted for depressive disorder, effective March 28, 2016, the date the Veteran’s formal application for benefits was received.  The Veteran asserts that he is entitled to an effective date   of March 20, 2015, for the award of service connection for depressive disorder because that is when he first filed an informal claim for benefits.
Unless specifically provided otherwise, the effective date of an award of compensation shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.  38 U.S.C. § 5110(a); 38 C.F.R. § 400.  Prior to March 24, 2015, a “claim” was defined as a “formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit.”  38 C.F.R. § 3.1(p) (2014).  An informal claim included “[a]ny communication or action, indicating an intent to apply for one or more benefits . . .” 38 C.F.R. § 3.155(a) (2014).  Claims filed on or after March 24, 2015, must be submitted on the application form prescribed by the Secretary. 38 C.F.R. § 3.1(p) (2017). 
Upon review of the record, the Board finds that an effective date of March 20, 2015, for the award of service connection for depressive disorder is warranted. 
On March 20, 2015, VA received a written statement from the Veteran’s attorney indicating that the Veteran wished to file a claim for service connection for depression, secondary to his service-connected laryngeal cancer.  Thus, an 


informal claim for service connection for depression was received on March 20, 2015, prior to the change in regulation requiring claims to be filed on a formal application form.  Accordingly, an effective date of March 20, 2015, for the award of service connection for depressive disorder is granted.     
 
K. A. BANFIELD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Banister, Counsel