Citation Nr: 18155647 Decision Date: 12/04/18 Archive Date: 12/04/18 DOCKET NO. 15-30 681 DATE: December 4, 2018 ORDER Inasmuch as the record reflects the Veteran received payment on July 1, 2014, the first day of the month following the effective date of June 1, 2014, for the grants of service connection for asthma, right hip bursitis, right shoulder impingement syndrome, cervical spine spondylosis, degenerative disc disease of the thoracolumbar spine, degenerative joint disease of the right knee patellofemoral syndrome, left knee patellofemoral syndrome, tinnitus, allergic rhinitis, pseudofolliculitis barbae/eczema, right hand middle finger trigger finger, bilateral plantar fasciitis/bilateral calcaneal heel spurs, hypertension, scar status post right carpal release surgery, and right carpal tunnel syndrome, the claim is denied. FINDING OF FACT The record reflects that the Veteran received payment on July 1, 2014, upon the grants of service connection for asthma, right hip bursitis, right shoulder impingement syndrome, cervical spine spondylosis, degenerative disc disease of the thoracolumbar spine, degenerative joint disease of the right knee patellofemoral syndrome, left knee patellofemoral syndrome, tinnitus, allergic rhinitis, pseudofolliculitis barbae/eczema, right hand middle finger trigger finger, bilateral plantar fasciitis/bilateral calcaneal heel spurs, hypertension, scar status post right carpal release surgery, and right carpal tunnel syndrome, effective from June 1, 2014. CONCLUSION OF LAW The claim for payment for the month of June 2014 for the grants of service connection for asthma, right hip bursitis, right shoulder impingement syndrome, cervical spine spondylosis, degenerative disc disease of the thoracolumbar spine, degenerative joint disease of the right knee patellofemoral syndrome, left knee patellofemoral syndrome, tinnitus, allergic rhinitis, pseudofolliculitis barbae/eczema, right hand middle finger trigger finger, bilateral plantar fasciitis/bilateral calcaneal heel spurs, hypertension, scar status post right carpal release surgery, and right carpal tunnel syndrome, is denied. 38 U.S.C. § 5110; 38 C.F.R. § 3.31. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1994 to May 2014. This matter is on appeal from a June 2014 rating decision. Whether the Veteran received payment for the month of June 2014 Regardless of the regulation governing effective dates of awards, payment of monetary benefits based on original awards of 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 C.F.R. § 3.31. By way of background, in a June 2014 rating decision, the RO granted entitlement to service connection for asthma, right hip bursitis, right shoulder impingement syndrome, cervical spine spondylosis, degenerative disc disease of the thoracolumbar spine, degenerative joint disease of the right knee patellofemoral syndrome, left knee patellofemoral syndrome, tinnitus, allergic rhinitis, pseudofolliculitis barbae/eczema, right hand middle finger trigger finger, bilateral plantar fasciitis/bilateral calcaneal heel spurs, hypertension, scar status post right carpal release surgery, and right carpal tunnel syndrome, effective from June 1, 2014, the day following the Veteran’s discharge from service. The Veteran essentially contends that he was not paid for the month in which he was awarded benefits based on his service-connected claims. Specifically, he contends that payment should have been made for the month of June 2014, in which his benefits were established. The Board notes that although the Veteran indicated on his July 2014 notice of disagreement that he disagreed with the “effective date of award,” he essentially contended that he was not paid for the month of June. He reiterated this contention again in his August 2015 substantive appeal on a VA Form 9, stating that his “entitlement date was correct, but [he] did not get paid for the month of June.” The Veteran explained that the entitlement date started June 1st, but he did not get a check on July 1st for the month of June. He instead indicated that his first check was received on August 1st for the month of July. Here, a User Calculations sheet shows the Veteran received payment on July 1, 2014. A Corporate Award and Rating Data SHARE Print Screen also shows that the Veteran began receiving payment on July 1, 2014. A VETSNET Award Print also shows that the Veteran received his original award payment on July 1, 2014. This original award payment amount was increased on September 1, 2014, based on a school child adjustment, and on December 1, 2014, based on a cost of living adjustment and a retired pay adjustment. In a letter dated in September 2015, the RO notified the Veteran that his payment start date was July 1, 2014. Finally, an Audit Error Worksheet printed in November 2015 shows VA paid the Veteran $1,490.80 the month of July 2014. The Board acknowledges the Veteran’s argument that he did not receive a check on July 1st for the month of June, and instead received his first check on August 1st for the month of July. As noted, regulations require that payment began on the first day of the month following the effective date of the award of benefits. Thus, there would be no payment for the month of June. Furthermore, there is a presumption of regularity under which it is presumed that government officials “have properly discharged their official duties.” See United States v. Chemical Foundation, Inc., 272 U. S. 1, 14-15, 47 S. Ct. 1 (1926). In Ashley v. Derwinski, 2 Vet. App. 307, 309 (1992), the United States Court of Appeals for Veterans Claims (Court) found that the presumption of regularity applied to VA. The Court found that there is a presumption of regularity under which it is presumed that government officials have properly discharged their official duties. The presumption is not absolute; it may be rebutted by the submission of clear evidence to the contrary. Once clear evidence is submitted, VA is no longer entitled to the benefit of the presumption and the burden shifts to VA to establish that a government official properly discharged his or her official duties. Applying the presumption of regularity to VA, aside from the Veteran’s bare allegations, there is no clear evidence to the contrary showing that the RO did not submit the Veteran’s payment for the month of July. As indicated above in the Audit Error Worksheet, the evidence indicates that the RO directed the Veteran’s original award payment to his financial institution and account number specified on July 1, 2014. Inasmuch as the record reflects the Veteran received payment on July 1, 2014, the first day of the month following the effective date of June 1, 2014, for the grants of service connection for asthma, right hip bursitis, right shoulder impingement syndrome, cervical spine spondylosis, degenerative disc disease of the thoracolumbar spine, degenerative joint disease of the right knee patellofemoral syndrome, left knee patellofemoral syndrome, tinnitus, allergic rhinitis, pseudofolliculitis barbae/eczema, right hand middle finger trigger finger, bilateral plantar fasciitis/bilateral calcaneal heel spurs, hypertension, scar status post right carpal release surgery, and right carpal tunnel syndrome, the Board must deny the claim. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs