Citation Nr: 21063447 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 19-03 256A DATE: October 14, 2021 ORDER Entitlement to effective date earlier than April 13, 2010 for the grant of service connection for rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules is denied. FINDING OF FACT The Veteran's claim for service connection for rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules was not received until April 13, 2010. CONCLUSION OF LAW The criteria for an effective date prior to April 13, 2010 for the award of service connection for rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules have not been met. 38 U.S.C. §§ 5103, 5103A, 5107, 5110 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.326(a), 3.400 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant, had active service from March 1979 to March 1982. The Veteran appeared at a virtual hearing before the undersigned Veterans Law Judge in November 2020. A transcript of the hearing is of record. In March 2021, the Veteran filed a motion for advancement on the docket based on financial hardship. Unfortunately, no documentation of such hardship was provided. The motion is denied. The Veteran asserts that an effective date earlier than April 13, 2010, is warranted for the award of service connection for rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules. In a VA Form 21-0820 Report of General Information Form dated April 13, 2010, it was noted that when the Veteran filed his initial claim for compensation (received in January 2010) there were two conditions missing, diabetics and arthritis. The Board notes that this is the first mention of arthritis in the claims folder. The record is devoid of any documentation dated prior to April 13, 2010 which may be reasonably construed as a claim for service connection for rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules. The effective date of an award based on an original claim 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). Title 38 of the Code of Federal Regulations clarifies that an award of direct service connection will be effective on the day following separation from active military service or the date on which entitlement arose if the claim is received within one year of separation from service. Otherwise, the effective date shall be the date of receipt of the Veteran's claim or the date on which entitlement arose, whichever is later. 38 C.F.R. § 3.400(b)(2)(i). Rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules has been shown to have originated during active service. Therefore, the question to be determined is the date of receipt of the Veteran's claim for service connection for rheumatoid arthritis involving the hands, wrists, knees, ankles, and pulmonary nodules. The Veteran's first request for service connection for "arthritis" was received by VA on April 13, 2010. As the claim was not received within one year of separation from service, the appropriate effective date for the award of service connection for rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules is April 13, 2010, the date of receipt of the claim for service connection. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400(b)(2)(i). The Board is aware of the Veteran's testimony that he consulted a representative from the Texas Veterans Commission as early as 2007. Unfortunately, the claims folder does not contain any documentation being filed in connection with any claim for service connection until January 2010, with no mention of any arthritis claim until April 13, 2010. (Continued on the next page) The pertinent legal authority governing assignment of effective dates is clear and specific. In this case, the undisputed facts show that the Veteran separated from active service in March 1982; did not file a claim for service connection for rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules within one year of service separation; and initially requested service connection for "arthritis" on April 13, 2010. The applicable law and regulation provide that the proper effective date for the grant of service connection is the date of receipt of the claim. 38 C.F.R. § 5110(a); 38 C.F.R. § 3.400(b)(2)(i). As the earliest effective date legally possible has been assigned, the instant appeal for an earlier effective date is without legal merit and must be denied. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. S. Kelly, 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.