Citation Nr: 20006455 Decision Date: 01/27/20 Archive Date: 01/27/20 DOCKET NO. 19-19 038 DATE: January 27, 2020 ORDER Entitlement to an effective date earlier than November 2, 2018, for the grant of service connection for tinnitus is denied. FINDINGS OF FACT 1. On October 5, 2017, VA received a VA Form 21 0966, Intent to File a Claim for Compensation; the form did not identify the benefit sought. 2. In October 2017 correspondence, VA notified the Veteran of how to submit a formal claim for compensation. 3. On November 2, 2018, more than one year after receipt of the October 5, 2017, Intent to File a Claim for Compensation, VA received the Veteran's formal claim of service connection for tinnitus. CONCLUSION OF LAW The criteria for an effective date prior to November 2, 2018, for the grant of service connection for tinnitus have not been satisfied. 38 U.S.C. §§ 5101, 5110, 7104; 38 C.F.R. §§ 3.1 (p), 3.155, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1983 to July 1991. Entitlement to an effective date earlier than November 2, 2018, for the grant of service connection for tinnitus. The Veteran argues that he is entitled to an effective date of October 5, 2017, the date he submitted his Intent to File a Claim. Following a review of the record, the Board finds that assignment of an earlier effective date for service connection for tinnitus is not warranted. The assignment of effective dates of awards is generally governed by 38 U.S.C. § 5110 and 38 C.F.R. § 3.400. The effective date of an award of service connection shall be the day following the date of discharge or release if application is received within one year from such date of discharge or release. Otherwise, the effective date is the date of receipt of claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400 (b)(2)(i). A specific claim in the form prescribed by the Secretary of VA must be filed in order for benefits to be paid to any individual under the laws administered by VA. 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151 (a). To preserve an effective date, an intent to file a claim may be submitted to VA. 38 C.F.R. § 3.155(b). Upon receipt of the intent to file a claim, VA will furnish the claimant with the appropriate application form prescribed by the Secretary. If VA receives a complete application form prescribed by the Secretary, appropriate to the benefit sought within one-year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received. 38 C.F.R. § 3.155. On October 5, 2017, VA received a VA Form 21 0966, Intent to File a Claim for Compensation, from the Veteran. The form did not identify the benefit sought at that time. In October 2017 correspondence, VA notified the Veteran of how to submit a formal claim for compensation. The Veteran was notified that if a formal claim was received within one year and the benefits sought were granted, then the effective date would be from the date the intent to file was received. On November 2, 2018, VA received a VA Form 21 526EZ, Application for Disability Compensation and Related Compensation Benefits, that included a claim of service connection for tinnitus. This formal claim was received more than one year after the receipt of the October 5, 2017 Intent to File a Claim for Compensation. As the Veteran's formal claim of service connection for tinnitus was not received until November 2, 2018, more than one year after the receipt of the intent to file, the appropriate effective date for the grant of service connection for tinnitus was November 2, 2018. 38 C.F.R. § 3.400(b)(2)(i). M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Williams 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.