Citation Nr: 19141663 Decision Date: 05/30/19 Archive Date: 05/30/19 DOCKET NO. 18-23 025A DATE: May 30, 2019 ORDER Entitlement to an earlier effective date prior to March 28, 2016, for the award of service connection for residual painful scar status-post pilonidal cyst excision is denied. FINDING OF FACT The Veteran filed a claim for an increased rating for his service-connected pilonidal cyst, received by VA on March 28, 2016; there were no formal or informal claims for increase received prior to that date. CONCLUSION OF LAW The criteria for entitlement to an earlier effective date prior to March 28, 2016, for the award of service connection for residual painful scar status-post pilonidal cyst excision have not been met. 38 U.S.C. §§ 5107, 5110 (2012); 38 C.F.R. §§ 3.155, 3.400 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from July 2006 to December 2010. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to an earlier effective date prior to March 28, 2016, for the award of service connection for residual painful scar status-post pilonidal cyst excision The Veteran claims an earlier effective date, specifically December 12, 2010, should be assigned for the award of service connection for his residual painful scar status-post pilonidal cyst excision. 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)(2)(i). For a claim for an increased rating, the effective date may be the “[e]arliest date as of which it is factually ascertainable that an increase in disability had occurred if a claim is received within one year from such date, otherwise, date of receipt of claim.” 38 C.F.R. § 3.400(o)(2). A “claim” includes a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. 38 C.F.R. § 3.1(p). A formal claim is a specific claim in the form prescribed by the Secretary. 38 C.F.R. § 3.151. Also, any communication or action indicating the intent to apply for a benefit under the laws administered by the VA may be considered an informal claim, provided that it identifies generally, although not necessarily with specificity, the benefit sought. 38 C.F.R. §§ 3.1(p), 3.155 (2012). The Board notes that the Veteran originally filed a claim for compensation in November 2010 for tailbone abscess. Per an August 2011 rating decision, the RO noted that they received the Veteran’s claim on November 1, 2010, while he was on active duty and since his claim was filed as part of the VA’s Quick Start initiative, the effective date for all disabilities shown to be incurred in service will be December 12, 2010, the day following discharge. However, the RO denied the Veteran’s claim for service connection for tailbone abscess in the August 2011 rating decision. The Veteran contends that the pilonidal cyst was an ongoing issue throughout his service and continued to be an issue after his service. He stated that he originally filed a claim for service connection for tailbone abscess due to continual misdiagnoses by multiple medical personal and it was not until 2013 that a doctor diagnosed pilonidal cyst and scheduled to have it removed properly. He further stated that, in essence, there has been and always will be a painful scar on his tailbone since prior to his separation from service. Therefore, he claims that the effective date should coincide with the date of the claim for tailbone abscess, i.e., December 12, 2010. Service connection for pilonidal cyst (previously claimed as tailbone abscess) was established by a May 2014 rating decision, and a zero percent evaluation was assigned effective November 26, 2013. A subsequent VA examination was requested, but the Veteran failed to report for examination. Per a February 2015 rating decision, the evaluation of pilonidal cyst, currently evaluated at zero percent disabling, was continued. He was notified of the decision per a February 9, 2015 letter. The Veteran did not appeal that decision and the decision is final. 38 U.S.C. § 7105 (2012); 38 C.F.R. §§ 20.302, 20.1103 (2018). Thereafter, the Veteran filed a claim for increase for his pilonidal cyst on, received by VA on March 28, 2016. Following VA skin conditions and scar examinations, an April 2016 rating decision granted service connection for residual painful scar, status post pilonidal cyst excision (previously rated as pilonidal cyst and previously claimed as tailbone abscess) and assigned a 10 percent evaluation, effective from March 28, 2016, based on the date of the receipt of the Veteran’s claim for an increase in his service-connected pilonidal cyst. After thoroughly reviewing the record, the Board finds that prior to March 28, 2016, there were no pending and unadjudicated claims for service connection for residual painful scar, status post pilonidal cyst excision (previously rated as pilonidal cyst and previously claimed as tailbone abscess). While the Veteran contends that an earlier effective date is warranted based on the original claim filed in 2010, the Board notes that the August 2011 denied service connection for tailbone abscess and the Veteran did not appeal that decision. Accordingly, that decision is final. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.302, 20.1103. It was not until November 2013 that the Veteran submitted a new claim for compensation requesting service connection for pilonidal cyst and which service connection was granted pursuant to the May 2014 rating decision, as discussed above. Accordingly, March 28, 2016 is the appropriate effective date for service connection for residual painful scar, status post pilonidal cyst excision (previously rated as pilonidal cyst and previously claimed as tailbone abscess) as this is the date of receipt of the claim for increase. Accordingly, the Veteran’s claim for an effective date prior to March 28, 2016 for the grant of service connection must be denied. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Medina, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.