Citation Nr: 21077030 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 19-18 659A DATE: December 28, 2021 ORDER Entitlement to an effective date prior to March 13, 2018, for the increased evaluation to 100 percent for prostate cancer, residuals status post radiation therapy, based upon substitution of the Appellant as the claimant, is denied. Entitlement to an effective date prior to March 13, 2018, for service connection for diffuse bone metastasis (claimed as stage IV bone cancer) as secondary to service-connected disability of prostate cancer, residuals status post radiation therapy, based upon substitution of the Appellant as the claimant, is denied. Entitlement to an effective date prior to March 13, 2018, for special monthly compensation (SMC) based on aid and attendance, based upon substitution of the Appellant as the claimant, is denied. FINDINGS OF FACT 1. In a March 2014 rating decision, the RO granted service connection for prostate cancer, residuals status post radiation therapy, and assigned a 100 percent disability rating, effective July 30, 2013, and a 60 percent rating from November 1, 2013. The Veteran filed a Notice of Disagreement (NOD) in April 2014. A Statement of the Case (SOC) was issued in October 2014 and following a decision review officer (DRO) review, a Supplemental Statement of the Case (SSOC) was issued in September 2015. The Veteran was notified of the SOC and SSOC and the need to file a timely Form 9, or substantive appeal, in order to perfect the appeal. He did not file a Form 9 following the October 2014 SOC or September 2015 SSOC. Thus, the March 2014 rating decision became final. 2. On March 13, 2018, the Veteran filed a claim for stage IV bone cancer secondary to prostate cancer and indicated that he had less than a 12-month life expectancy. In a May 2018 rating decision, the RO granted service connection for diffuse bone metastasis and assigned a 100 percent rating, increased his rating for prostate cancer to 100 percent, and awarded SMC based on aid and attendance effective March 13, 2018, respectively. 3. There is no factually ascertainable increase for the Veteran's service-connected prostate cancer within one year prior to the March 13, 2018, claim. There was no formal or informal communication that could be construed as a claim prior to the March 13, 2018, claim. CONCLUSIONS OF LAW 1. The criteria for an effective date prior to March 13, 2018, for the increased evaluation to 100 percent for prostate cancer, residuals status post radiation therapy, based upon substitution of the Appellant as the claimant, have not been met. 38 U.S.C. §§ 5101, 5107, 5110; 38 C.F.R. §§ 3.1, 3.102, 3.151, 3.159, 3.160, 3.400. 2. The criteria for an effective date prior to March 13, 2018, for service connection for diffuse bone metastasis as secondary to service-connected disability of prostate cancer, residuals status post radiation therapy, based upon substitution of the Appellant as the claimant, have not been met. 38 U.S.C. §§ 5101, 5107, 5110; 38 C.F.R. §§ 3.1, 3.102, 3.151, 3.159, 3.160, 3.400. 3. The criteria for an effective date prior to March 13, 2018, for special monthly compensation (SMC) based on aid and attendance, based upon substitution of the Appellant as the claimant, have not been met. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty service from June 1968 to June 1971. He passed away in July 2018. The Appellant is his surviving spouse. These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Appellant testified before the undersigned Veterans Law Judge (VLJ) in September 2021. A copy of the hearing transcript has been reviewed and associated with the claims file. Effective Date 1. Entitlement to an effective date prior to March 13, 2018, for the increased evaluation to 100 percent for prostate cancer, residuals status post radiation therapy, based upon substitution of the Appellant as the claimant; 2. Entitlement to an effective date prior to March 13, 2018, for service connection for diffuse bone metastasis (claimed as stage IV bone cancer) as secondary to service-connected disability of prostate cancer, residuals status post radiation therapy, based upon substitution of the Appellant as the claimant; 3. Entitlement to an effective date prior to March 13, 2018, for special monthly compensation (SMC) based on aid and attendance, based upon substitution of the Appellant as the claimant. In general, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after 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 U.S.C. § 5110; 38 C.F.R. § 3.400. For claims for an increase in a service connected disability, if an increase in disability occurred within one year prior to the claim, the increase is effective as of the date the increase was "factually ascertainable." If the increase occurred more than one year prior to the claim, the increase is effective the date of claim. If the increase occurred after the date of claim, the effective date is the date of increase. 38 C.F.R. § 3.400(o)(1), (2). In the present case, in a March 2014 rating decision, the RO granted service connection for prostate cancer, residuals status post radiation therapy, and assigned a 100 percent disability rating, effective July 30, 2013, and a 60 percent rating from November 1, 2013. In an April 2014 letter, the Veteran was advised of his appellate rights. He filed a Notice of Disagreement (NOD) in April 2014. A Statement of the Case (SOC) was issued in October 2014 and following a decision review officer (DRO) review, a Supplemental Statement of the Case (SSOC) was issued in September 2015. The Veteran was notified of the SOC and SSOC and the need to file a timely Form 9, or substantive appeal, in order to perfect the appeal. He did not file a Form 9 following the October 2014 or September 2015 SSOC in order to perfect the appeal. Thus, the March 2014 rating decision became final. The Veteran filed a claim of service connection for stage IV bone cancer secondary to prostate cancer and indicated that he had less than 12 months life expectancy on March 13, 2018. He submitted private medical records with his claim, which indicated that his prostate cancer had metastasized prior to August 2016. Private medical records submitted in September 2021 revealed that a bone scan conducted on July 28, 2016, revealed widespread skeletal metastasis. In a May 2018 rating decision, the RO granted service connection for diffuse bone metastasis and assigned a 100 percent rating, increased his rating for prostate cancer to 100 percent, and awarded SMC based on aid and attendance effective March 13, 2018, respectively. After a review of the evidence, the Board finds that effective dates prior to March 13, 2018, for the award of service connection for diffuse bone metastasis, the 100 percent rating for prostate cancer, and the award of SMC based on aid and attendance are not warranted. In this regard, there was no informal or formal communication between the September 2015 SSOC and March 13, 2018, claim that can be construed as a formal or informal claim. Moreover, although the Veteran's prostate cancer metastasized in July 2016, the Veteran did not submit these private treatment records showing his increase for his prostate cancer prior to March 13, 2018. Lastly, he provided no information prior to March 13, 2018, that he required aid and attendance to assist him with activities of daily living. The Board acknowledges the Appellant's argument that the Veteran did not understand the requirements of filing an increased rating for his prostate cancer. However, VA is under no legal obligation to individually notify every potential claimant of his or her possible entitlement to VA benefits. Lyman v. Brown, 5 Vet. App. 194, 197 (1993). Moreover, the Veteran is charged with knowledge of the laws and regulations of VA and, therefore, a claim of lack of knowledge does not assist him in obtaining the benefit sought. See Morris v. Derwinski, 1 Vet. App. 260, 265 (1991). Accordingly, the Board finds that effective dates prior to March 13, 2018, for the award of service connection for diffuse bone metastasis, the 100 percent rating for prostate cancer, and the award of SMC based on aid and attendance are not warranted. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Merrick 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.