Citation Nr: 21076988 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 17-19 231 DATE: December 28, 2021 ORDER An effective date of August 3, 2002 for the grant of service connection of degenerative disc disease of the lumbar spine (back disability) is granted. FINDINGS OF FACTS 1. The Veteran's claim for service connection for back disability has been pending since July 19, 2002. 2. The Veteran separated from active duty on August 2, 2002. Symptoms of his back disability began in service, and his claim for service connection for back disability was received within one year of his separation from active duty. CONCLUSION OF LAW The criteria for an effective date of August 3, 2002 for the grant of service connection of back disability are met. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from August 1999 to August 2002, and from September 2013 to May 2016. This appeal comes to the Board of Veterans' Appeals (Board) from a June 2016 rating decision. The Veteran filed a notice of disagreement (NOD) in July 2016, which resulted in a March 2017 statement of the case (SOC). The Veteran subsequently filed a substantive appeal in April 2017. The Veteran elected to have a videoconference hearing, which was conducted in August 2021, and transcript of the hearing is of record. An effective date of August 3, 2002 for the grant of service connection for back disability is granted. Generally, the effective date of an award of disability compensation based on an original claim shall 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. Unless otherwise provided, the effective date of compensation will be fixed in accordance with the facts found but will not be earlier than the date of receipt of the claimant's application. 38 U.S.C. § 5110 (a). If a claim is filed within one year after separation from service, service connection will be effective as of the day after separation. 38 C.F.R. § 3.400 (b)(2). With regard to the date of entitlement, the term date entitlement arose is the date when the claimant met the requirements for the benefits sought, on a fact found basis. 38 U.S.C. § 5110 (a); McGrath v. Gober, 14 Vet. App. 28, 35 (2000). These facts found include the date the disability first manifested and the date entitlement to benefits was authorized by law and regulation. See generally 38 C.F.R. § 3.400. For instance, if a claimant filed a claim for benefits for a disability before he actually had the disability, the effective date for benefits can be no earlier than the date the disability first manifested. Ellington v. Peake, 541 F.3d 1364, 1369-70 (Fed. Cir. 2008). However, the date entitlement arose is not the date that the agency of original jurisdiction (AOJ) received the evidence, but the date to which that evidence refers. McGrath, 14 Vet. App. at 35. In this case, the record reflects that the Veteran filed a claim for service connection for back disability on July 19, 2002, before his separation from active service on August 2, 2002. It is undisputed that the AOJ never adjudicated the claim. Thus, July 19, 2002, is the date the claim was received, and it was received within a year of the Veteran's separation from active service. The Veteran credibly testified that his back pain started in service and continued after service. See hearing transcript at 3. He explained that he had difficulty bending and moving while in service due to the pain. Id at 6. The Veteran's statements are consistent with his service treatment records that reflect that he complained about lower back pain in August 1999 and May 2002 (a few months before his separation from active duty and the date of his claim). Moreover, after he initially filed his claim, the Veteran underwent a VA examination in June 2002, where he reported back pain. Based on this evidence, resolving reasonable doubt in the Veteran's favor, the Board concludes that his service-connected back disability first manifested or had its onset in service. Accordingly, entitlement to service connection for back disability arose earlier than July 19, 2002. As the claim was filed within one year of separation from active service, August 3, 2002, the day after his separation from active service, is the appropriate effective date for service connection for back disability. LAURA E. COLLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Solomon 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.