Citation Nr: 21073419
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 20-06 219
DATE: December 8, 2021

ORDER

An earlier effective date for the award of service connection for right lower extremity varicose veins is denied. 

FINDING OF FACT

During the pendency of the appeal, service connection for right lower extremity varicose veins was severed, effective March 1, 2020. 

CONCLUSION OF LAW

An earlier effective date for the award of service connection for right lower extremity varicose veins is precluded by law. 38 U.S.C. § 5107, 7105; 38 C.F.R. § 3.400(o)(1) (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1965 to November 1967.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

As will be discussed below, a December 2019 rating decision severed service connection for right lower extremity varicose veins, effective March 1, 2020.  Because the Veteran did not appeal the December 2019 rating decision, the propriety of the severance of service connection for right lower extremity    varicose veins is not presently before the Board.

In August 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.

1. Entitlement to an effective date earlier than April 2, 2018, for the award of service connection for right lower extremity varicose veins 

In a June 2018 rating decision, service connection was granted for right lower extremity varicose veins, and a 10 percent rating was assigned, effective April 2, 2018.  Thereafter, the Veteran appealed the effective date assigned to the award of service connection for right lower extremity varicose veins.  However, during the course of the appeal, the RO determined that there was clear and unmistakable error in the June 2018 rating decision granting service connection for right lower extremity varicose veins.  In a September 2019 rating decision, the RO proposed to sever service connection for right lower extremity varicose veins.  In a December 2019 rating decision, service connection for right lower extremity varicose veins was severed, effective March 1, 2020.  

A rating or other adjudicative decision which constitutes a reversal or revision of a prior decision on the grounds of clear and unmistakable error has the same effect   as if the corrected decision had been made on the date of the reversed decision.  38 C.F.R. § 3.105(a)(1)(ii).  A retroactive increase or additional benefit will not    be awarded after basic entitlement has been terminated, such as by severance of service connection. 38 C.F.R. § 3.400(o)(1).  

In this case, the June 2018 rating decision granting service connection for right lower extremity varicose veins was reversed based on clear and unmistakable error.  As service connection for right lower extremity varicose veins has been severed, an earlier effective date for the award of service connection for right lower extremity 

varicose veins is precluded by law.  See 38 C.F.R. § 3.400(o)(1).    

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Banister, 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.