Citation Nr: 21067226
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 18-39 098
DATE: November 3, 2021

ORDER

Entitlement to an effective date of July 28, 2017, for the grant of service connection for bilateral hearing loss is granted.

Entitlement to an effective date of July 28, 2017, for the grant of service connection for tinnitus is granted.

FINDINGS OF FACT

1. Affording the Veteran the benefit of the doubt, his intent to file a claim for service connection for bilateral hearing was submitted to and received by VA on July 28, 2017. The Veteran submitted his Fully Developed Claim (FDC) form (VA 21-526EZ) to VA on August 8, 2017. 

2. Affording the Veteran the benefit of the doubt, his intent to file a claim for service connection for tinnitus was submitted to and received by VA on July 28, 2017. The Veteran submitted his FDC form (VA 21-526EZ) to VA on August 8, 2017.

CONCLUSIONS OF LAW

1.  Affording the Veteran the benefit of the doubt, the criteria for entitlement to an effective date of July 28, 2017, for the grant of service connection for bilateral hearing loss have been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.156.

2. Affording the Veteran the benefit of the doubt, the criteria for entitlement to an effective date of July 28, 2017, for the grant of service connection for tinnitus loss have been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.156.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from November 1956 to November 1958.

Effective Date

1. Entitlement to an effective date earlier than August 8, 2017 for the grant of service connection for bilateral hearing loss

2. Entitlement to an effective date earlier than August 8, 2017 for the grant of service connection for tinnitus

The Veteran seeks effective dates for the grant of service connection for hearing loss and tinnitus, earlier than August 8, 2017. Following a review of the pertinent evidence of record, the Board finds that assignment of an effective date of July 28, 2017 for grant of service connection for bilateral hearing loss and tinnitus, is warranted

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation, or dependency and indemnity compensation based on an initial claim or supplemental claim will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400, 38 C.F.R. § 3.2500(c). The effective date of an award of disability compensation for claims to reopen is the date of receipt of claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(r).

Claimants may indicate their desire to file a claim for benefits by submitting an intent to file a claim to VA. 38 C.F.R. § 3.155(b). If VA then receives a complete application form, as defined by 38 C.F.R. § 3.160(a), within one year of receipt of the intent to file, the complete claim is considered filed as of the date of receipt of the intent to file. Id.

The Veteran contends that he submitted an Intent to File on July 28, 2017, but there is no evidence in the record that corresponds with that date. On August 8, 2017, the Veteran submitted his claim for service-connection for bilateral hearing loss and tinnitus. The Agency of Original Jurisdiction (AOJ) granted the Veteran's claim in an October 2017 rating decision with an effective date of August 8, 2017; the date the Veteran's Fully Developed Claim was received by VA. 

In June 2020, the Veteran submitted a copy of his facsimile receipt from VA that was not previously a part of the record. The receipt acknowledged receipt of his Intent to File on July 28, 2017. 

Affording the Veteran the benefit of the doubt, the Board finds that an effective date of July 28, 2017 is warranted. July 28, 2017 represents the date when the Veteran submitted his Intent to File for hearing loss and tinnitus as evidenced by the VA facsimile receipt dated July 28, 2017. The Board also notes that in June 2020 the Veteran's representative submitted a signed affidavit that the facsimile receipt is a true copy. Thus, an effective date of July 28, 2017, for the grant of service connection for bilateral hearing loss and tinnitus is granted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. G. Perkins, 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.