Citation Nr: 20021744 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 17-05 096 DATE: March 26, 2020 ORDER Entitlement to an effective date prior to November 12, 2014, for the grant of service connection for coronary artery disease (CAD), claimed as heart, is denied. FINDING OF FACT The record does not show a communication to VA with the intent to seek benefits for CAD based on exposure to Agent Orange prior to November 12, 2014. CONCLUSION OF LAW The criteria for an effective date earlier than November 12, 2014, for the grant of service connection for CAD have not been met. 38 U.S.C. §§ 5107, 5110 (2012); 38 C.F.R. §§ 3.155, 3.400 (2014). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1963 to August 1967, to include service in the Republic of Vietnam. In July 2019, the Veteran and his spouse testified under oath before the undersigned Veterans Law Judge at a videoconference. A transcript of the hearing is of record. Entitlement to an effective date prior to November 12, 2014, for the grant of service connection for CAD, claimed as heart, is denied. The Veteran seeks an earlier effective date for the grant of service connection for CAD. Except as otherwise provided, the effective date of an evaluation and award of compensation based on an original claim will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. For claims received on or after March 24, 2015, VA amended its regulations governing how to file a claim. The current appeal predates the amendment and, therefore, VA laws and regulations in effect prior to March 24, 2015, govern his claim for an earlier effective date. As applicable in this matter, a claim is 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) (2014). The essential elements for any claim, whether formal or informal, are: (1) intent to apply for benefits; (2) identification of the benefits sought; and (3) communication in writing. Brokowski v. Shinseki, 23 Vet. App. 79, 84 (2009). VA has established specific regulations pertaining to effective dates for awards of compensation for certain diseases based on herbicide agent exposure. Nehmer v. Veterans Admin. of the Gov’t of the United States, 284 F.3d 1158 (9th Cir. 2002) (Nehmer III) (now codified at 38 C.F.R. § 3.816). If there is no prior claim, then the effective date of the award shall be determined in accordance with the general effective date regulations, cited above. 38 C.F.R. § 3.816 (c)(4). The Board notes that the Veteran did not file a claim of service connection for a heart disability prior to the effective date (August 31, 2010) of the regulation establishing a presumption of service connection for ischemic heart disease. Thus, an earlier effective date in accordance with the Nehmer guidelines and 38 C.F.R. § 3.816 is not warranted. The record reflects that the Veteran called to file a claim for, inter alia, “timing problems with the heart in relation to Agent Orange exposure,” on November 12, 2014. A July 2015 VA examination notes a diagnosis of CAD in 2012 and atrial fibrillation in 1999. The Veteran believes that his effective date should reflect the 1999 hospitalization, as his disability was of record at this time. See Hearing, July 2019; and IHP, May 2018. However, the Veteran does not assert, and the Board has not found, that he affirmatively filed a claim at that time. Id. Generally, medical records noting the existence of a particular condition will not constitute an informal claim, as treatment records alone do not indicate intent to apply for service connection benefits. See MacPhee v. Nicholson, 459 F.3d 1323, 1326-27 (Fed. Cir. 2006). In addition, as the Board discussed with the Veteran at the July 2019 videoconference hearing, the presumption by which he achieved service connection did not exist at this time for his disability. The Veteran has also indicated that he was placed on the Agent Orange registry on December 14, 2011, and was in communication regarding the registry as early as September 2011. See NOD, August 2015. He states that his heart condition for which he was awarded benefits “was there in 2011” and seeks, alternatively, to have his payment start that date. See NOD, August 2015. However, here again, placement on the Agent Orange registry is not sufficient to constitute a claim for benefits, and the Veteran does not assert that he filed a claim at this time.   Therefore, regardless of when the Veteran’s CAD first manifested, there is no evidence of a claim prior to November 12, 2014, and no basis for awarding an effective date prior to this date. Accordingly, the issue of entitlement to an earlier effective date for the grant of service connection for CAD must be denied. The Board is grateful for the Veteran’s honorable service and regrets that a more favorable decision could not be reached. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Foster, 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.