Citation Nr: 20008095 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 19-11 823 DATE: January 30, 2020 ORDER Entitlement to an effective date earlier than April 28, 2017, for the award of service connection for the removal of the right kidney is denied. FINDING OF FACT The Veteran notified VA of his intent to file a claim for compensation on April 28, 2017, and filed a completed claim for service connection for the removal of his right kidney on May 4, 2017; no earlier event or submission memorialized in the claims file warrants an effective date for service connection earlier than the date of the Veteran’s submission of his intent to file a claim. CONCLUSION OF LAW The criteria for entitlement to an effective date earlier than April 28, 2017, for the award of service connection for the removal of the right kidney have not been met. 38 U.S.C. §§ 501, 1805, 5110; 38 C.F.R. §§ 3.114(a), 3.155(b), 3.400(b)(2)(i). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from January 1975 to January 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2017 rating decision. Entitlement to an effective date earlier than April 28, 2017, for the award of service connection for the removal of the right kidney The October 2017 rating decision established service connection for the removal of the Veteran’s right kidney as directly related to his in-service nephrectomy. VA regulations provide that the effective date for an award of service connection on the basis of direct service connection is the latter of the date entitlement arose or the date a claim was received; or, if the claim was received within one year after separation from service, the day following separation from service. 38 U.S.C. § 5110; 38 C.F.R. § 3.400(b)(2)(i). Where an intent to file a claim is received, and a completed claim is subsequently received within one year thereafter, VA will process the claim as if the completed claim had been filed on the date the intent to file a claim was received. 38 U.S.C. § 501; 38 C.F.R. § 3.155(b). Here, the Veteran’s intent to file was received on April 28, 2017. His completed claim was received a less than a week later in May 2017. The effective date of his award has been appropriately set in accordance with the date that his intent to file was received by VA. 38 U.S.C. § 5110; 38 C.F.R. § 3.400(b)(2)(i). No previous communication from the Veteran or event memorialized or document in the claims file warrants an earlier effective date. The Veteran argues that he should be entitled to service connection effective the day after his separation from service because his kidney was removed during his active service and because, allegedly, he was not informed that he could apply for compensation from VA when he left active service. VA regulations do not provide for an earlier effective date based on this argument. In his claim, the Veteran asserted that his entitlement to service connection for the removal of his right kidney was based on his exposure to contaminants in the water at Camp Lejeune. The Veteran was at Camp Lejeune during his service. Kidney cancer is among the conditions that are presumed to be associated with contaminants in the water at Camp Lejeune. 38 U.S.C. §§ 501(a), 112(b); 38 C.F.R. § 3.309(f). However, the Veteran was not diagnosed with kidney cancer. Instead, he was diagnosed with multicystic right kidney with chronic interstitial nephritis and ureteritis for which he had an in-service right nephrectomy. Thus, the Veteran’s award of service connection was made on the basis of direct service connection—that is as a result of an in-service injury or disease—rather than based on the presumption in 38 U.S.C. § 1116; 38 C.F.R. § 3.307(a) which became effective a little over a month before the Veteran’s claim was received. As such, the Board cannot apply the regulations governing a change in the law to the Veteran’s claims. 38 U.S.C. §§ 1805, 5110; 38 C.F.R. §§ 3.114, 3.400(p). For the reasons set forth above, entitlement to an effective date earlier than the date the Veteran’s intent to file was received, April 28, 2017, must be denied as unsupported by regulation. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Steven Johnston, 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.