Citation Nr: 18136751 Decision Date: 09/19/18 Archive Date: 09/19/18 DOCKET NO. 16-11 604 DATE: September 19, 2018 ORDER Entitlement to an effective date earlier than May 27, 2013 for the grant of service connection for coronary artery disease is denied. Entitlement to an effective date earlier than August 08, 2011 for the grant of service connection for diabetes mellitus, Type II is denied. FINDINGS OF FACTS 1. The Veteran’s claim of service connection for coronary artery disease was not received earlier than May 27, 2013. 2. The Veteran’s claim of service connection for diabetes mellitus was not received earlier than August 08, 2011. CONCLUSIONS OF LAW 1. The criteria for an effective date earlier than May 27, 2013 for coronary artery disease have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. 2. The criteria for an effective date earlier than August 08, 2011 for diabetes mellitus, type II, have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1969 to August 1971. Effective Date The Veteran is seeking an effective date earlier than assigned for his service-connected coronary artery disease and diabetes mellitus. Section 5110(a), Title 38, United States Code, provides that “[u]nless specifically provided otherwise in this chapter, the effective date of an award based on an original claim . . . of compensation . . . shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.” The implementing regulation, 38 C.F.R. § 3.400, similarly states that the effective date of service connection “will be the date of receipt of the claim or the date entitlement arose, whichever is the later.” The VA administrative claims process recognizes formal and informal claims. A formal claim is one that has been filed in the form prescribed by VA. 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151 (a). An informal claim may be any communication or action indicating intent to apply for one or more benefits under VA law. Thomas v. Principi, 16 Vet. App. 197 (2002); 38 C.F.R. §§ 3.1 (p), 3.155(a). An informal claim must be written and it must identify the benefit being sought. Although a claimant need not identify the benefit sought “with specificity,” some intent on the part of the veteran to seek benefits must be demonstrated. VA has a duty to fully and sympathetically develop a veteran’s claim to its optimum. Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998). This duty requires VA to “determine all potential claims raised by the evidence, applying all relevant laws and regulations,” and extends to giving a sympathetic reading to all pro se pleadings of record. Here, although the Veteran asserts that service connection for coronary artery disease should be effective earlier than May 27, 2013, he does not contend that he filed a claim earlier than this date. Similarly, he does not claim that he filed a claim for service connection for diabetes earlier than August 08, 2011. Rather, the Veteran is seeking an earlier effective date based on the fact that he was diagnosed with these conditions prior to the effective dates assigned. See hearing transcript 4-5. After thorough review of the record, the Board finds that there is no evidence of record that shows claim for either service-connection for coronary artery disease or diabetes before the effective dates assigned. Notably, in May 2006, the Veteran filed a service connection claim for kidney condition and did not make a general claim for service connection. The claim did not raise the issue of service connection for either coronary artery disease or diabetes mellitus, type II. The service connection claims for diabetes and coronary artery disease were granted based on herbicide presumption and not in-service diagnosis. For these reasons, this case is distinguishable from Sellers v. Wilkie, CAVC No. 16-2993 (August 2018).   The fact that the Veteran was treated for coronary artery disease before the effective dates assigned is not grounds to assign earlier effective date. As noted above, an effective date is assigned based on either when a claim was filed or when entitlement arose, whichever is later. Therefore, absent evidence that the Veteran sought service connection for coronary artery disease before May 27, 2013 or for diabetes before August 8, 2011, the Board finds that the preponderance of the evidence in the record is against the Veteran’s claims. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S.SOLOMON