Citation Nr: 20056902 Decision Date: 08/28/20 Archive Date: 08/28/20 DOCKET NO. 17-23 582 DATE: August 28, 2020 ORDER Entitlement to an effective date prior to March 7, 2013, for the grant of service connection for ulcerative colitis is denied. FINDING OF FACT VA received an informal claim for entitlement to service connection for ulcerative colitis on March 7, 2013. CONCLUSION OF LAW The criteria for entitlement to an effective date prior to March 7, 2013, for the grant of service connection for ulcerative colitis have not been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.104, 3.155, 3.156, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1976 to January 1978. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2019, the Veteran and his spouse testified at a video conference hearing before the undersigned Veterans Law Judge. A transcript of that hearing is contained within the record. Although not raised at the time of the hearing, the Board would like to advise the Veteran that should he wish to pursue a claim that the August 1983 and September 2005 rating decisions contained clear and unmistakable error (CUE) by failing to grant service connection for this disability, he should proceed to file a formal claim with the RO for this purpose. 1. Entitlement to an effective date prior to March 7, 2013, for the grant of service connection for ulcerative colitis. The Veteran contends that the effective date for the grant of service connection for ulcerative colitis should be the date that he filed his original claim. Unless Chapter 38 of the United States Code specifically provides otherwise, the effective date of an evaluation and grant of pension, compensation, or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. See 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. A “claim” is a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. See 38 C.F.R. § 3.1(p). “Date of receipt” of a claim, information, or evidence means the date on which a claim, information, or evidence was received by VA. See 38 C.F.R. § 3.1(r). Any documented communication from, or action by, a veteran indicating intent to apply for a benefit under laws administered by VA may be considered an informal claim. See 38 C.F.R. § 3.155(b). To determine when a claim was received, the Board must review all communications in the claims file that may be construed as an application or claim. See Quarles v. Derwinski, 3 Vet. App. 129, 134 (1992). The effective date of an award based upon receipt of new and material evidence after a final disallowance will be the date of receipt of the new claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(q)(2). When there is a prior final decision in the claims file and a later reopened claim results in a grant of the benefit, the general rule for effective dates for reopened claims applies. In such cases the effective date cannot be earlier than the subsequent claim to reopen. 38 C.F.R. §§ 3.400(q)(2), 3.400(r); Leonard v. Principi, 17 Vet. App. 447, 452 (2004); Sears v. Principi, 16 Vet. App. 244, 246-50 (2002), aff’d, 349 F.3d 1326 (Fed. Cir. 2003). The Veteran’s claim was initially denied in an August 1983 rating decision as it was found that this condition was not incurred in service. The Veteran did not appeal this decision and it became final. In 1986, the Veteran filed a Congressional inquiry. VA informed the Veteran’s Congressman that the Veteran needed to submit new and material evidence to reopen his claim for entitlement to service connection. A request to reopen the claim was received on March 11, 2005. A development letter was sent to the Veteran on May 25, 2005, explaining that, to reopen his claim, new and material evidence needed to be submitted. A second letter was sent to the Veteran regarding his request to reopen his claim on August 9, 2005. The Veteran did not respond to either letter and a September 2005 rating decision held that the claim could not be reopened. The Veteran did not appeal this decision and it became final. A request for compensation benefits was received on March 7, 2013. An April 13, 2015, rating decision held that new and material evidence has been submitted; in addition, service connection was granted for ulcerative colitis effective March 7, 2013. In sum, the Board finds that entitlement to an earlier effective date for the award of service connection ulcerative colitis is not warranted. After a review of the record, the Board finds that the earliest effective date for the Veteran’s claim is the currently assigned effective date of March 7, 2013. The April 1983 rating decision that initially denied entitlement to service connection became final because the Veteran did not appeal this decision. Subsequently, a September 2005 rating decision found that the Veteran did not submit new and material evidence to reopen his claim. The Veteran did not appeal this decision and it too became final. Thereafter, VA received a claim for benefits on March 7, 2013. An April 13, 2015, rating decision held that new and material evidence had been submitted, and service connection was granted for ulcerative colitis effective March 7, 2013. The Board notes that VA did not receive a formal or informal communication from the Veteran expressing an intention to file a claim for service connection for ulcerative colitis following the September 2005 rating decision and prior to VA receiving the March 7, 2013, informal communication for benefits. Therefore, based on all of the foregoing, the Board finds that unfortunately, the effective date can be no earlier than the date VA received the Veteran’s informal claim to reopen, which was March 7, 2013. Accordingly, the claim for an effective date earlier than March 7, 2013, for the grant of service connection for ulcerative colitis is denied. In reaching this conclusion, the Board has considered the applicability of the benefit of the doubt doctrine. As the preponderance of the evidence is against the claim, that doctrine is not applicable. 38 U.S.C. § 5107(b). Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Rescan, 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.