Citation Nr: 20033085 Decision Date: 05/12/20 Archive Date: 05/12/20 DOCKET NO. 18-55 390 DATE: May 12, 2020 ORDER Entitlement to an effective date prior to May 10, 2016 for the award of service connection for diabetes mellitus type II is denied. FINDING OF FACT VA received an original claim for compensation on May 10, 2016 regarding service connection for diabetes mellitus type II, prior to that date, there was no informal or formal claim, or written intent to file a claim, of entitlement to service connection diabetes mellitus type II. CONCLUSION OF LAW The criteria for an effective date prior to May 10, 2016 for the award of service connection for diabetes mellitus type II are not met. 38 U.S.C. §§ 5101, 5107, 5110, 5111; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1968 to March 1971 and from September 1980 to May 1989. This matter comes before the Board of Veteran’s Appeals (Board) from an October 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In March 2020, the Veteran withdrew his hearing request. See statement of March 2020. Entitlement to an effective date prior to May 10, 2016 for the award of service connection for diabetes mellitus type II The Veteran asserts that he is entitled to an effective date prior to May 10, 2016 for the award of service connection for diabetes mellitus type II because he was diagnosed with the condition in the year 2004 in an “Army Hospital” and was not advised to present a claim for compensation at that time. See Notice of Disagreement (NOD) of March 2017. Generally, the effective date of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be on the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. The effective date based upon a grant of direct service connection will be the day following service from active service or date entitlement arose if claim is received within 1 year after separation from service; or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400 (b)(2). In this case, VA received an original claim of entitlement to service connection for diabetes mellitus type II on May 10, 2016. See VA Form 21-526 of May 10, 2016. The RO subsequently granted that claim with an effective date from the date of the claim’s receipt by VA; May 10, 2016. Having carefully reviewed the evidence of record, the Board finds no basis upon which to assign an effective date earlier than May 10, 2016, for the grant of service connection. VA did not receive a claim within 1 year after separation from service and there is no communication prior to May 10, 2016, that could be reasonably construed as a claim of entitlement to disability benefits. VA is not required to anticipate any potential claim for a particular benefit where no intention to raise it was expressed and the mere presence of medical evidence that a veteran suffers from a disability does not establish intent on the part of the veteran to seek service connection for that disability. See Brannon v. West, 12 Vet. App. 32, 34-35 (1998); see also Brokowski v. Shinseki, 23 Vet. App. 79, 86-87 (2009). Although the Board accepts the Veteran’s argument that he had the disability prior to the date of receipt of his application for VA compensation in May 2016, the law dictates that the effective date of service connection is the date of the receipt of the claim or the date entitlement arose, whichever is later. See 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. Therefore, the effective date for the grant of service connection is appropriately May 10, 2016, for diabetes mellitus type II and no earlier. Accordingly, entitlement to an effective date prior to May 10, 2016 for the award of service connection for diabetes mellitus type II must be denied. There is no doubt to resolve. 38 U.S.C. § 5107 (b). KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Gonzalez-Maldonado 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.