Citation Nr: 20009748 Decision Date: 02/05/20 Archive Date: 02/05/20 DOCKET NO. 17-56 041 DATE: February 5, 2020 ORDER An effective date prior to March 3, 2017 for the award of special monthly pension based on aid and attendance is denied. FINDING OF FACT The Veteran filed his claim for pension March 3, 2017; there are no earlier claims for this benefit and in the VA form 21-0966 Intent to File received January 12, 2017 the Veteran specifically checked compensation and left pension unchecked. CONCLUSION OF LAW The criteria for assignment of an effective date prior to March 3, 2017, for the award of special monthly pension based on the need for aid and attendance have not been met. 38 U.S.C. §§ 5101, 5110; 38 C.F.R. §§ 3.151, 3.155, 3.400.   REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1971 to March 1979. This matter is before the Board of Veterans' Appeals (Board) on appeal of a May 2017 rating decision. Entitlement to an effective date earlier than March 3, 2017, for the award of special monthly pension based on the need for aid and attendance is denied. The Veteran seeks an earlier effective date than March 3, 2017, for the award of special monthly pension based on the need for aid and attendance. He urges that the effective date should be January 12, 2017, the date he filed a VA form 21-0966 Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC (ITF). He argues that he should not be penalized because he selected compensation rather than pension at that point in the claim process. For the following reasons, the Board finds that the preponderance of the evidence is against his claim. Unless specifically provided otherwise, 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 application therefor. 38 U.S.C. § 5110(a). The effective date for pension claims received on or after October 1, 1984, is the date of receipt of the claim, unless, within one year from the date on which the veteran became permanently and totally disabled, the veteran files a claim for a retroactive award and establishes that a physical or mental disability, which was not the result of the veteran's own willful misconduct, was so incapacitating that it prevented him or her from filing a disability pension claim for at least the first 30 days immediately following the date on which the Veteran became permanently and totally disabled. 38 C.F.R. § 3.400 (b)(1)(ii)(A)-(B). The appellant has not filed such a claim for a retroactive award. The appellant's VA Form 21-526 Application for Compensation or Pension was received on March 3, 2017. He indicated he was seeking both compensation and pension benefits. Special monthly pension based on aid and attendance was granted in the May 2017 rating decision, effective March 3, 2017. For this award, he was found to require aid and attendance based on his nonservice-connected Parkinson’s disease. Payment of pension appropriately commenced March 3, 2017, in accordance with 38 C.F.R. § 3.31. The file does not contain any document dated prior to March 3, 2017 indicating that the appellant wished to claim entitlement to a nonservice-connected pension. Indeed, it is not in dispute that the Veteran filed his ITF January 12, 2017. However, this form clearly reflects that he was seeking compensation only and not pension benefits. He had the opportunity to select either or both benefits. An intent to file a claim must identify the general benefit (e.g., compensation, pension) but need not identify the specific benefit claimed or any medical condition(s) upon which the claim is based. VA may recognize the receipt date of the intent to file a claim as the date of claim so long as VA receives the successfully completed claim form within a year. See 38 C.F.R. § 3.155. An ITF is specific to the benefit sought. When the claim received is not for the same type of benefit identified on the ITF, the ITF may not be applied to the claim for purposes of effective date assignment. The January ITF is unequivocally for compensation only and is neither an informal claim for pension nor an ITF for a pension claim. The Veteran was free to select either compensation, pension or both. The ITF identifying compensation and not pension is persuasive evidence against this claim. The controlling law is clear that he must identify the general benefit. Ultimately, it is the responsibility of the Veteran to familiarize himself with all potential benefits and other privileges which he may be entitled to, including VA pension benefits. See Hill v. Derwinski, 2 Vet. App. 451 (1991). The preponderance of the evidence is against the claim, and an effective date prior to March 3, 2017 for the award of special monthly pension based on the need for aid and attendance is denied is denied. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. RIPPEL 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.