Citation Nr: 21004742 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 19-16 967 DATE: January 28, 2021 ORDER Entitlement to an effective date of September 24, 2012, but not earlier, for the grant of entitlement to service connection for tension headaches is granted. FINDING OF FACT The Veteran filed an informal claim for entitlement to service connection for headaches that was received by VA on September 24, 2012. CONCLUSION OF LAW The criteria for an effective date of September 24, 2012, but not earlier, for the grant of service connection for tension headaches have been met. 38 U.S.C. § 5110 (2018); 38 C.F.R. §§ 3.155, 3.400 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from January 2007 to February 2011. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision issued by the VA Regional Office (RO). By way of history, the Board denied, in part, the Veteran’s entitlement to earlier effective dates for service-connected tension headaches and hemorrhoids in October 2019. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court), which, in August 2020, subsequently granted the parties’ Joint Motion to vacate and remand that part of the October 2019 Board decision that denied an earlier effective date for service-connected tension headaches. The matter has since been returned to the Board for appellate review. The Veteran has contended that he should be granted an effective date earlier than July 5, 2013, for the grant of entitlement to service connection for tension headaches. Specifically, he stated that he is entitled to an effective date of September 24, 2012, as it is the date the RO recognized that it received his original claim submitted on September 10, 2012. The Board has thoroughly reviewed the evidence of record prior to July 5, 2013, to determine if the Veteran filed a claim, an informal claim, or expressed written intent to file a claim for service connection. The record shows that on September 24, 2012, the Veteran, through his representative, filed an amendment adding an “acquired psychological condition” to an informal claim that he reportedly submitted on September 10, 2012. In June 2013, the RO documented that the Veteran filed a new service connection claim for “GERD, headaches, [and] acquired psychological condition” on September 24, 2012. Furthermore, the record reflected that the Veteran submitted a cover letter and formal supplemental claim for entitlement to service connection for headaches dated September 20, 2012, and September 25, 2012, respectively. The Board acknowledges that the record did not establish receipt of the September 2012 cover letter and formal supplemental claim until October 2013. However, the Board finds that the accompanying notations on the respective documents highlight the apparent discrepancies concerning the dates. Nonetheless, in a November 2013 rating decision that denied entitlement to service connection for headaches, the RO recognized September 24, 2012, as the date the Veteran filed a claim. Since that time, the Veteran continually prosecuted his claim, which remained pending until the RO readjudicated and granted entitlement to service connection for tension headaches in May 2016. Accordingly, the Board finds that the appropriate effective date in this case would be September 24, 2012, which is the later of the date of claim and the date entitlement arose. Therefore, the Board finds that an earlier effective date for the grant of entitlement to service connection for tension headaches is warranted. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Ware, 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.