Citation Nr: 18154262 Decision Date: 11/30/18 Archive Date: 11/29/18 DOCKET NO. 16-49 016 DATE: November 30, 2018 ORDER An effective date earlier than August 19, 2015, for the award of service connection for a bilateral hearing loss disability is denied. An effective date earlier than August 19, 2015, for the award of service connection and compensation for tinnitus is denied. FINDINGS OF FACT 1. On November 24, 1969, VA received the Veteran’s formal application for a program of education and training; this application did not encompass claims for service connection for either a bilateral hearing loss disability or for tinnitus. 2. On August 19, 2015, VA received the Veteran’s original claims for service connection for a bilateral hearing loss disability and for tinnitus. 3. There were no pending claims prior to August 19, 2015, pursuant to which service connection for either a bilateral hearing loss disability or for tinnitus could have been awarded. CONCLUSIONS OF LAW 1. The criteria for an effective date earlier than August 19, 2015, for the award of service connection for a bilateral hearing loss disability are not met. 38 U.S.C. §§ 1110, 5110 (2012); 38 C.F.R. § 3.400 (2017). 2. The criteria for an effective date earlier than August 19, 2015, for the award of service connection and compensation for tinnitus are not met. 38 U.S.C. §§ 1110, 5110 (2012); 38 C.F.R. § 3.400 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the U.S. Navy from November 1965 to September 1969. The effective date for a grant of service connection is the day following the date of separation from active service or the date entitlement arose, if the claim is received within one year after separation from service. Otherwise, it is the date of receipt of claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a), (b); 38 C.F.R. § 3.400(b). Here, the Veteran first filed a formal application for a benefit from VA on November 24, 1969, for a program of education or training. That application did not encompass claims for service connection for any disability, let alone a bilateral hearing loss disability or for tinnitus. The Veteran reportedly sought treatment from VA for severe clinical depression during the period from 1986 to 1989. There is no indication that he ever submitted claims for service connection for a bilateral hearing loss disability or for tinnitus during that period. He reportedly tried to apply for VA benefits in 2001. Here again, the evidence of record does not reveal that he ever submitted claims for service connection for a bilateral hearing loss disability or for tinnitus in 2001. On August 19, 2015, the RO received the Veteran’s claims for service connection for a bilateral hearing loss disability and for tinnitus. The December 2015 VA examination report shows diagnoses of sensorineural hearing loss and tinnitus; and indicates that left ear hearing loss existed prior to active service, and was aggravated beyond normal progression in service. Service connection was ultimately established for a bilateral hearing loss disability and for tinnitus. In a December 2015 rating decision, the RO assigned an effective date of August 19, 2015, for the award of service connection for a bilateral hearing loss disability and for the award of service connection and compensation for tinnitus. The Veteran appealed for an earlier effective date. Prior to August 19, 2015—the date of receipt of the Veteran’s claims—the Veteran had not submitted any communication indicating an intent to apply for service connection for a bilateral hearing loss disability or for tinnitus, which would constitute pending claims. 38 C.F.R. § 3.155. His earlier application for a program of education or training had been fully processed by VA. Further, regarding that application, the Veteran had not complained of hearing loss or tinnitus; and there was no basis upon which to infer claims for service connection for such disabilities. Hence, there were no pending claims prior to August 19, 2015, pursuant to which benefits could be granted. The Veteran specifically was asked to provide additional evidence to support his claims for an earlier effective date, but no evidence of any filing of earlier claims or of pending claims for service connection has been submitted. Since the claims for service connection for a bilateral hearing loss disability and for tinnitus were received in 2015—i.e., more than one year following separation from service, as a matter of law, the effective date can be no earlier than the date of receipt of the claims. 38 C.F.R. § 3.400(b). Accordingly, the proper effective date can be no earlier than the date of receipt of claims for service connection—that is, August 19, 2015. The effective date of the award of compensation for tinnitus cannot precede the effective date of the grant of service connection. The weight of the evidence is against the grant of an effective date earlier than August 19, 2015, for the award of service connection for a bilateral hearing loss disability, and for the award of service connection and compensation for tinnitus. Reasonable doubt does not arise, and the claims for an earlier effective date are denied. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Mary C. Suffoletta