Citation Nr: 18154736 Decision Date: 11/30/18 Archive Date: 11/30/18 DOCKET NO. 14-25 568 DATE: November 30, 2018 ORDER Entitlement to an earlier effective date than February 10, 2012, for the grant of service connection for irritable bowel syndrome (IBS) is denied. FINDINGS OF FACT 1. In a December 2001 rating decision, the RO denied entitlement to service connection for IBS. The Veteran did not appeal that decision within one year of its issuance and new and material evidence was not received within that year. 2. On February 10, 2012, the Veteran’s application to reopen her previously denied service connection claim for IBS was received. 3. In a February 2013 rating decision, the RO granted entitlement to service connection for IBS, effective February 10, 2012. 4. There is no evidence of any unadjudicated formal or informal claim of service connection for IBS subsequent to the December 2001 rating decision and prior to February 10, 2012, claim. CONCLUSION OF LAW The criteria for an effective date earlier than February 10, 2012, for the grant of service connection for IBS, are not met. 38 U.S.C. §§ 5110(a), 7105(d)(3); 38 C.F.R. §§ 3.104, 3.155 (in effect prior to March 24, 2015), 3.156, 3.400, 20.302, 20.1103. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1976 to October 1986 and from July 2002 to July 2003. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In that decision, the RO granted service connection for IBS, effective February 10, 2012, the date the Veteran’s application to reopen the previously denied service connection claim for IBS was received. The Veteran timely disagreed with the effective date for the award of service connection, contending that the effective date should have been December 7, 2000, based on the date of a previously filed claim. In June 2018, the Veteran was scheduled to appear at a Board hearing before a Veterans Law Judge. She failed to appear for said hearing, and has not since asked for it to be rescheduled. Accordingly, the hearing request is deemed withdrawn. See 38 C.F.R. § 20.704(d). Entitlement to an earlier effective date than February 10, 2012, for the grant of service connection for IBS. Generally, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. Where a claim is reopened after a prior final disallowance based on the receipt of new and material evidence, the effective date is the date of receipt of the new claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(q)(2), (r). VA amended its adjudication regulations on March 24, 2015, 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 claim 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. Under the former legal authority, any communication or action, indicating an intent to apply for one or more benefits under laws administered by VA, from a veteran or his representative, may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within one year from the date it was sent to the veteran, it will be considered filed as of the date of receipt of the informal claim. 38 C.F.R. § 3.155 (a) (in effect prior to March 24, 2015). There is no set form that an informal written claim must take. All that is required is that the communication indicates an intent to apply for one or more benefits under the laws administered by VA, and identify the benefits sought. Rodriguez v. West, 189 F.3d 1351 (1999). The Veteran seeks an earlier effective date than February 10, 2012, for the award of service connection for IBS. Specifically, the Veteran asserts that the effective date of the award of service connection for IBS should be December 7, 2000, the date she claims she filed a service connection claim for IBS. Historically, in July 1998 the Veteran filed a service connection claim for recurrent irritable colon syndrome. In a January 2000 rating decision, the RO denied entitlement to service connection for probable irritable colon syndrome, on the basis that there was no current diagnosis. The Veteran did not appeal the January 2000 decision within one year of its issuance and new and material evidence was not received within that year. As indicated above, the Veteran claims that she filed a claim on December 7, 2000, for IBS. However, the evidence shows that on December 7, 2000, the Veteran submitted a service connection claim for a skin rash and a foot and toe disorder. Although the Veteran’s December 7, 2000, claim did not include service connection for IBS, in a December 2001 rating decision, the RO denied entitlement to service connection for IBS, on the basis that there was no current diagnosis of IBS. In a January 2002 notification letter, the RO notified the Veteran of the December 2001 decision. The Veteran did not appeal the December 2001 decision within one year of its issuance, and new and material evidence was not received within that year. Therefore, the December 2001 decision became final. See 38 U.S.C. § 7105 (d)(3); Bond v. Shinseki, 659 F.3d 1362 (Fed. Cir. 2011); 38 C.F.R. §§ 3.104, 3.156(a)-(b), 20.302, 20.1103. On February 10, 2012, the Veteran submitted an application to reopen the previously denied claim for service connection for IBS. In February 2013 rating decision, the RO granted service connection for IBS, effective February 10, 2012, the date the Veteran’s application to reopen the previously denied service connection claim for IBS was received. Between the December 2001 rating decision (and its contemporaneous notification letter) and February 10, 2012, that is, the day VA received the Veteran’s application to reopen her service connection claim for IBS, there is no communication in the record that could be considered an informal claim for VA compensation for service connection for IBS. To the extent that there are any treatment records, between December 2001 and February 10, 2012, the mere existence of medical evidence of a disorder does not establish an intent to seek service connection, or entitlement to an earlier effective date. See Brannon v. West, 12 Vet. App. 32, 35 (1998); Lalonde v. West, 12 Vet. App. 377, 382 (1999). Rather, a formal or informal claim must be filed in order for any type of benefit to accrue or be paid, and a claim for service connection must indicate an intent to apply for that benefit. See 38 U.S.C. § 5101(a); 38 C.F.R. §§ 3.151(a), 3.155(a) (2016); Jones v. West, 136 F.3d. 1296, 1299 (Fed. Cir. 1998). In addition, 38 C.F.R. § 3.157 is not for application with regard to this claim for an earlier effective date for the grant of service connection. MacPhee v. Nicholson, 459 F.3d 1323, 1327 (Fed.Cir.2006) (stating that 38 C.F.R. § 3.157(b)(1) “makes clear that a medical examination report will only be considered an informal claim for an increase in disability benefits if service connection has already been established for the disability.”) In sum, there is no evidence of any unadjudicated formal application to reopen the claim of service connection for IBS subsequent to the December 2001 rating decision and prior to February 10, 2012, nor is there any prior communication in the record that could be considered an informal claim for VA compensation for the same. Thus, February 10, 2012, is the earliest possible effective date for the grant of service connection for IBS and entitlement to an earlier effective date than February 10, 2012, for the grant of service connection for IBS is not warranted. As noted, the Veteran contends that the effective date of the grant of service connection for IBS should be December 7, 2000, the date of a previously filed claim. The Board is sympathetic to her contention, but is bound by the laws and regulations that apply to veterans’ claims. 38 U.S.C. § 7104(c) (2012); 38 C.F.R. §§ 19.5, 20.101(a) (2018). As indicated above, those laws and regulations provide that the effective date of the grant of service connection based on a reopened claim is generally the date of the application to reopen. See Leonard v. Nicholson, 405 F.3d 1333, 1337 (Fed. Cir. 2005) (“[A]bsent a showing of CUE, [a veteran] cannot receive disability payments for a time frame earlier than the application date of his claim to reopen, even with new evidence supporting an earlier disability date”). Although there are exceptions to this general rule, none are applicable in this case. As the preponderance of the evidence is against the claim, the benefit of the doubt doctrine is not for application. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Jonathan Hager Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Castillo, Associate Counsel