Citation Nr: 21072515 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 17-40 024 DATE: December 3, 2021 ORDER Entitlement to an effective date of February 28, 2013 for an award of service connection for ischemic heart disease (IHD) is granted. FINDING OF FACT The evidence of record shows the Veteran had a longstanding IHD diagnosis at the time of his February 28, 2013 claim for service connection. CONCLUSION OF LAW The criteria for entitlement to an effective date of February 28, 2013 for an award of service connection for ischemic heart disease have been met. 8 U.S.C. § 5110; 38 C.F.R. §§ 3.156 (c), 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from 1964 to 1967. These matters come before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in November 2021. The transcript is of record. The claimant has not raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that "the Board's obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board."); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). 1. Entitlement to an effective date for service connection for IHD prior to August 19, 2016. The statutory guidelines for the determination of an effective date of an award of disability compensation are set forth in 38 U.S.C. § 5110. Unless specifically provided otherwise in Chapter 51 of Title 38 of the U.S. Code, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase of compensation 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). The regulation that implements this statute is 38 C.F.R. § 3.400. Except as otherwise provided, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after a final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 C.F.R. § 3.400. Thus, the Board must first determine the date of claim and the date entitlement arose. The Veteran filed his claim for service connection for heart disease February 28, 2013. Service connection for IHD was ultimately granted in a July 2017 rating decision with an effective date of August 19, 2016, the RO finding the record bare of evidence that the Veteran had a diagnosis of IHD prior to the assigned effective date. However, the Board finds that entitlement arose earlier. December 1996 private treatment records reflect an explicit diagnosis of coronary artery disease, furnished by R.B., M.D., a treating provider who made the diagnosis pursuant to a diagnostic procedure. The diagnosis was confirmed at a July 2017 VA examination, pursuant to which the examiner furnished a diagnosis of coronary artery disease. Thus, the Board finds that the evidence shows the Veteran has been beset by IHD since at least 1996, or approximately 20 years prior to the date of claim. As noted above, the earliest available date of claim for an award of service connection is the later of the two dates: the date entitlement arose and the date of claim. In this case, because the date of claim is later, that is the earliest possible effective date. In sum, entitlement to an effective date of February 28, 2013 for the award of service connection for IHD is warranted, and to that extent the appeal is granted. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Sahraie, 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.