Citation Nr: 18161302 Decision Date: 12/31/18 Archive Date: 12/31/18 DOCKET NO. 15-28 102 DATE: December 31, 2018 ORDER An effective date of July 22, 2012, for the award of a 30 percent rating for kidney stones is granted. FINDING OF FACT The record evidence supports a finding that the signs and symptoms of the Veteran’s kidney stones at the time of the filing of his application on July 22, 2012 were indicative of recurrent formation of kidney stones requiring therapy. CONCLUSION OF LAW The criteria for an effective date of July 22, 2012, for the grant of a 30 percent rating kidney stones are met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1970 to November 1971. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In a January 2015 rating decision, the Veteran was granted service connection with an evaluation of 0 percent, effective July 22, 2012; also, an evaluation of 30 percent was assigned from December 31, 2014. In February 2015, the Veteran filed a claim for an earlier effective date for kidney stones. The claim was denied in a March 2015 rating decision. In April 2015, the Veteran filed a notice of disagreement (NOD). The RO then issued a statement of the case (SOC) in July 2015. The Veteran perfected his appeal, via a VA Form 9, in August 2015. A videoconference hearing was held before the undersigned in November 2018. Earlier Effective Date The Veteran seeks entitlement to an effective date prior to December 31, 2014 for the award of a 30 percent rating for kidney stones. Specifically, the Veteran contends that the effective date assigned for the award of a 30 percent rating for kidney stones should be retroactive to July 22, 2012, the date of receipt of his initial claim. Generally, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim for increase, or a claim reopened after final disallowance, will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. But unless otherwise provided, the effective date of compensation will be fixed in accordance with the facts found, but will not be earlier than the date of receipt of the claimant's application. 38 U.S.C. § 5110 (a). If a claim for disability compensation is received within one year after separation from service, the effective date of entitlement is the day following separation or the date entitlement arose. 38 C.F.R. § 3.400 (b)(2). The Veteran’s service treatment records reflect that he was hospitalized and treated for a right renal stone of unknown composition. In a July 2012 application, the Veteran contended that he began having kidney stone attacks while in service and that they have continued over the years with multiple attacks continued kidney stone attacks spanning from the 1970s to 1990s and in 2007 and 2009. A private treatment record, received in October 2012, shows a diagnosis of kidney stones. In an August 2013 statement, the Veteran reported that he suffered numerous incidents of kidney stone attacks over the following years. He also stated that the attacks have resulted in numerous hospital admissions, doctor visits, and have caused him great pain and life disruptions. In a December 2014 VA examination, a diagnosis of kidney stones was noted with an onset date of September 1971. The examiner noted that the Veteran had recurrences in the 1970s and that he had no further stones since 2007 and had not required a procedure for kidney stones. The examiner also noted that the Veteran’s treatment plan did not include taking continuous medication for the condition. The examiner also opined that the Veteran’s current kidney condition was related to his in-service treatment for renal stones. In correspondence, dated February 2015, the Veteran’s representative contended that the Veteran was entitled to an earlier effective date of July 22, 2012. In support of the claim, the Veteran’s prescription records were submitted. The records show that Hydrochlorothiazide was prescribed as early as April 25, 2012. The Veteran’s representative also noted that new and material evidence, other than service department records, had been received within the appeal period and prior to the appellate decision and that the effective date would be as though the former decision had not been rendered. In a March 2015 NOD, the Veteran contended that his award of 30 percent for kidney stones should have an effective date of July 22, 2012, the date of his initial claim. The Veteran also noted that there was evidence of treatment for kidney stones prior to December 31, 2014, to include diet therapy and medication, to include Hydrochlorothiazide. The Board has considered the Veteran’s July 2012 application in which the Veteran contended that he has had continued kidney stone attacks since service and from 2009. The Board has also considered the Veteran’s August 2013 statement detailing painful kidney stone attacks over the following years, which presumably would include from July 22, 2012, the date of his initial claim. These attacks were further confirmed by the December 2014 VA examination. See Gilpin v. Brown, 155 F.3d 1353 (Fed. Cir. 1998) (holding that 38 USC §§ 1110 and 1131 require current symptomatology at the time the claim is filed for the Veteran to be entitled to compensation benefits for a disability). Based on the facts found, and resolving doubt in the Veteran’s favor, the record evidence supports finding that the signs and symptoms of the Veteran’s kidney stones at the time of the filing of his application on July 22, 2012 were indicative of recurrent formation of kidney stones requiring therapy, as later confirmed by the December 2014 VA examination. (Continued on the next page)   As such, an effective date of July 22, 2012, for the award of a 30 percent rating for kidney stones is granted. DEBORAH W. SINGLETON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Tiffany N. Hanson, Associate Counsel