Citation Nr: 19158294
Decision Date: 07/30/19	Archive Date: 07/26/19

DOCKET NO. 15-08 996
DATE: 	July 30, 2019

ORDER

Entitlement to an effective date earlier than January 27, 2009 for the award of service connection for prostate adenocarcinoma is denied.

FINDING OF FACT

The first communication received by VA from the Veteran expressing intent to file a claim for prostate adenocarcinoma was received on January 27, 2009. 

CONCLUSION OF LAW

The criteria for an effective date prior to January 27, 2009 for the grant of service connection for prostate adenocarcinoma have not been met.  38 U.S.C. §§ 5107, 5110; 38 C.F.R. § 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably on active duty in the U.S. Army from November 1982 to April 2004.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Decatur, Georgia.

Entitlement to an effective date earlier than January 27, 2009 for the award of service connection for prostate adenocarcinoma is denied.

The Veteran contends he is entitled to an effective date prior to January 27, 2009 for the grant of service connection for prostate adenocarcinoma. 

Unless specifically provided, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than 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. 

For VA compensation purposes, a “claim” is defined as 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).  An informal claim is “[a]ny communication or action indicating an intent to apply for one or more benefits.”  Thus, the essential elements for any claim, whether formal or informal, are (1) an intent to apply for benefits, (2) an identification of the benefits sought, and (3) a communication in writing.  Brokowski v. Shinseki, 23 Vet. App. 79, 84 (2009).

A review of the record shows the first communication received by the VA from the Veteran expressing an intent to file a claim for prostate adenocarcinoma was a VA Form 21-4138, Statement in Support of Claim, which was received on January 27, 2009.  This form included the following statement from the Veteran: “This is an application for Service Connection and compensation for the following conditions: . . . 3. Prostate cancer – not Vietnam related.”

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Accordingly, the Board finds an effective date prior to January 27, 2009 for the grant of service connection for prostate adenocarcinoma is not warranted.

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	T. Moore, 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.