Citation Nr: 21069130 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 19-29 031A DATE: November 17, 2021 ORDER Entitlement to an effective date prior to March 2, 2017 for the increased rating of 100 percent for atherosclerotic cardiovascular disease is denied. INTRODUCTION The Veteran served on active duty in the United States Navy from June 1961 to June 1971. The Board remanded this case in April 2020 and July 2021 for additional development. This case has since been returned for further appellate review. FINDINGS OF FACT 1. The Veteran filed a claim for an increased rating for his service-connected atherosclerotic cardiovascular disease in May 2017. 2. Within the one-year period preceding the date of receipt of the May 12, 2017 claim for increase, an increase in disability to 100 percent is not factually ascertainable prior to March 2, 2017. CONCLUSION OF LAW The criteria for establishing entitlement to an effective date prior to March 2, 2017 for the increased rating of 100 percent for the Veteran's heart disability have not been met. 38 U.S.C. §§ 1155, 5107, 5110; 38 C.F.R. §§ 3.155, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION Duties to Assist and Notify The Veterans Claims Assistance Act of 2000 (VCAA), codified in pertinent part at 38 U.S.C. §§ 5103, 5103A, and the pertinent implementing regulation, codified at 38 C.F.R. § 3.159, provide that VA will assist a claimant in obtaining evidence necessary to substantiate a claim but is not required to provide assistance to a claimant if there is no reasonable possibility that such assistance would aid in substantiating the claim. The Board finds VA has complied with its duty to assist the Veteran in the development of his claims. In this respect, the Veteran's service treatment records (STRs) have been obtained. Additionally, all available post-service medical evidence identified by the Veteran has been obtained. Neither the Veteran nor his representative have identified any outstanding, existing evidence that could be obtained to substantiate the claim; the Board is also unaware of any such evidence. Therefore, the Board is satisfied that VA has complied with its duty to assist the Veteran in the development of the claim decided herein. Accordingly, the Board will address the merits of the Veteran's claim. Legal Criteria Generally, the effective date of an award of an increased rating is the date of receipt of a claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. If an increase in disability occurred within one year prior to the date of receipt of the claim, the increase is effective as of the date the increase was "factually ascertainable." 38 C.F.R. § 3.400(o)(2). If the increase occurred more than one year prior to date of receipt of the claim, the increase is effective the date of receipt of the claim. Id. Factual Background and Analysis The Veteran initiated a claim for an increased rating for his heart disability in May 2017. By way of a July 2017 rating decision, the RO assigned a 100 percent disability rating for the Veteran's atherosclerotic cardiovascular disease, effective May 12, 2017, the date VA received his claim for an increased rating. The Veteran filed a timely notice of disagreement requesting an earlier effective date for his 100 percent rating to the date of his original date of his first claim, May 30, 1990, or to November 1, 2000, the date of his first award for a cardiac disability. In a September 2021 rating decision, the RO granted an earlier effective date for the award of a 100 percent disability rating, changing the effective date of the award from May 12, 2017 to March 2, 2017. The Board has carefully reviewed the Veteran's entire claims file, to specifically include all private treatment records from Auburn Cardiology Medical Associates within the one-year period preceding the date of receipt of the May 2017 claim for increased compensation. These records demonstrate a factually ascertainable increase in severity to 100 percent disability on March 2, 2017. Specifically, the Veteran's echocardiogram from March 2, 2017 showed an ejection fraction in the 25-30 percent range. The Veteran had an AICD implanted in December 2011, however, this increase in severity did not occur within the one year preceding the Veteran's claim for an increased rating. The Board acknowledges the Veteran's March 2004 notice of disagreement for an earlier effective date for his award of service connection. However, the evidence does not show, nor does the Veteran contend, that he submitted any communication that could be construed as a formal or informal claim for an increased rating for his heart disability at any time prior to May 12, 2017. The Board finds the preponderance of the evidence is against the assignment of an earlier effective date for the award of an increased rating for atherosclerotic cardiovascular disease. The Veteran submitted his claim for an increased rating on May 12, 2017 and an increase in disability is not factually ascertainable prior to March 2, 2017. In the case of this increased rating claim, the appropriate effective date is March 2, 2017. See 38 U.S.C. § 5110; 38 C.F.R. § 3.400(b)(2)(i). Accordingly, the claim for an effective date prior to March 2, 2017 for the increased rating of 100 percent for atherosclerotic cardiovascular disease is not warranted. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Nestander, Jessica S. 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.