Citation Nr: 20006936 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 18-32 614 DATE: January 28, 2020 ORDER An effective date of August 28, 2015, but not earlier, for the assignment of a 20 percent rating for right lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease is granted. An effective date of August 28, 2015, but not earlier, for the assignment of a 20 percent rating for left lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease is granted. FINDING OF FACT It is factually ascertainable that the bilateral lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease was as worse from the date of claim, namely, August 28, 2015, resulting in a combined 100 percent from that date. CONCLUSIONS OF LAW 1. The criteria for an effective date of August 28, 2015, but not earlier, for the assignment of a 20 percent disability rating for right lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease are met. 38 U.S.C. §§ 5107, 5110 (2012); 38 C.F.R. §§ 3.102, 3.400 (2018). 2. The criteria for an effective date of August 28, 2015, but not earlier, for the assignment of a 20 percent disability rating for left lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease are met. 38 U.S.C. §§ 5107, 5110 (2012); 38 C.F.R. §§ 3.102, 3.400 (2018). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from March 1966 to February 1968. In January 2020, the Veteran testified in a videoconference hearing before the undersigned Veterans Law Judge. This decision is being processed under the “one-touch” program. A transcript of the hearing will be associated with the claims file at a later time. Earlier Effective Date The effective date of an increased rating is either the date of claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400(o)(1). The exception to the rule allows for the earliest date as of which it was factually ascertainable that an increase in disability had occurred if the claim was received within one year from such date; otherwise, the effective date is the date of receipt of the claim. 38 C.F.R. § 3.400(o)(2). In the present case, VA received the Veteran’s intent to file a claim on August 28, 2015 followed by his formal claim for compensation on October 30, 2015. As pertinent here, in an October 2016 rating decision, the RO granted service connection for bilateral lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease, and assigned a 10 percent disability rating for each extremity effective August 28, 2015. Thereafter, on December 9, 2016, the RO provided the Veteran with an additional VA examination, and in a December 28, 2016 rating decision increased the rating for bilateral lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease to 20 percent, effective the date of the VA examination, namely, December 9, 2016. The increase resulted in the Veteran’s combined rating of 100 percent, effective the date of the increase, December 9, 2016. The Veteran filed a timely Notice of Disagreement in October 2017, indicating disagreement with the assigned combined rating and asserting that the combined rating should have been 100 percent from the date of claim, August 28, 2015. The RO issued a statement of the case in April 2018, which adjudicated the issue of entitlement to an earlier effective date for the assignment of a 20 percent rating for right and left lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease. Essentially, this increase is what resulted in the combined rating of 100 percent. After review of all the evidence, lay and medical, the Board finds that it was factually ascertainable that the Veteran’s bilateral lower extremity tremor, bradykinesia, muscle rigidity, stiffness, and balance impairment due to Parkinson’s disease was as worse from the date of claim, namely, August 28, 2015. Accordingly, an effective date of August 28, 2015, but not earlier, is warranted, which also results in a combined rating of 100 percent effective August 28, 2015. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Yaffe, 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.