Citation Nr: A21016754 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 200512-84464 DATE: October 14, 2021 REMANDED Entitlement to an effective date prior to August 31, 2017, for the award of service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran had active service from June 2004 to August 2008. He served in Iraq and was awarded the Combat Action Ribbon. The Veteran had additional duty with the Marine Corps Reserve. In a separate October 2021 decision, the Board of Veterans' Appeals (Board) granted entitlement to a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU), effective as of January 17, 2017. Therefore, the issue is no longer on appeal and will not be addressed below. Entitlement to an effective date prior to August 31, 2017, for the award of service connection for tinnitus is remanded. The Veteran contends that an effective date prior to August 31, 2017, for service connection for tinnitus is warranted. Generally, the effective date for service connection is the day after service separation or the date entitlement arose, whichever is later, if the claim is received within one year of the date of separation from service. Otherwise, the effective date will be the date of receipt of the claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(b)(1); 38 C.F.R. § 3.400(b)(2)(i). Where a claim for service connection is reopened and granted based upon new and material evidence, other than service records, received within appeal period or prior to appellate decision, the effective date will be as though the former decision had not been rendered. Where the new and material evidence is received after the prior rating decision has become final, the effective date will be the date of receipt of claim to reopen or date entitlement arose, whichever is later. 38 C.F.R. § 3.400(q). In regards to pending legacy claims not under the modernized review system, new and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board without consideration in that decision in accordance with the provisions of 38 C.F.R. § 20.1304(b)(1) will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. 38 C.F.R. § 3.156(b). The record reflects that the Veteran was a member of the Marine Corps Reserve until March 2011. Documentation of the Veteran's periods of active duty, active duty for training, and inactive duty for training with the Marine Corps Reserve and the dates of separation from such service are necessary for proper application of 38 U.S.C. § 5110 and 38 C.F.R. § 3.400. The dates of the Veteran's Marine Corps Reserve service have not been verified. That is a pre-decisional error. (Continued on the next page) Accordingly, this matter is REMANDED for the following action: Contact the National Personnel Records Center (NPRC) and/or the appropriate service entity and request that the Veteran's periods of active duty, active duty for training, and inactive duty for training with the Marine Corps Reserve be verified and all available service personnel records associated with the Veteran's service be forwarded for incorporation into the record. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Marsdale 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.