Citation Nr: A21020064 Decision Date: 12/16/21 Archive Date: 12/15/21 DOCKET NO. 200526-87917 DATE: December 16, 2021 ORDER Entitlement to an effective date prior to October 30, 2019, for the grant of service connection of tinnitus is denied. FINDINGS OF FACT 1. The Veteran's intent to file was received by VA on September 15, 2018; his VA 21-526 claiming entitlement to service connection for tinnitus was received on September 6, 2019. 2. An October 2019 rating decision denied service connection for tinnitus; the Veteran's supplemental claim was subsequently received by VA on October 30, 2019. CONCLUSION OF LAW The criteria for an effective date of September 15, 2018, but no earlier, for the grant of service connection for tinnitus, have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.151, 3.155, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Navy from August 1999 to December 2003. This matter comes to the Board of Veterans' Appeals (Board) on appeal from October 2019, December 2019, and April 2020 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). In his May 2020 Notice of Disagreement, the Veteran selected the Direct Review docket. The matter is now before the Board for consideration. In his December 2019 request for Higher Level Review, and his May 2020 Notice of Disagreement, the Veteran asserted that he is entitled to an effective date of September 15, 2018 for his service-connected tinnitus. The provisions governing the assignment of the effective date of a claim for compensation or an increased rating are set forth in 38 U.S.C. § 5110(a) and (b) and 38 C.F.R. § 3.400(b) and (o). The general rule regarding effective dates is: "Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application thereunder." See 38 U.S.C. § 5110(a); see also 38 C.F.R. 3.400, General ("Except as otherwise provided, the effective date of an evaluation and award of pension, compensation, or dependency and indemnity compensation based on an initial claim or supplemental claim will be the date of receipt of the claim or the date entitlement arose, whichever is later"). For claims of disability compensation filed under 38 C.F.R. § 3.4(b) and received by VA more than 1 year following the claimant's separation from active duty service, the effective date is the date of receipt of claim, or date entitlement arose, whichever is later. See 38 C.F.R. 3.400(b)(2)(i). However, a Veteran may indicate a desire to file a claim for benefits by submitting an intent to file a claim to VA. If VA receives a complete application form as prescribed by VA within one year following the receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received. An intent to file a claim can be submitted in one of the following ways: (i) a saved electronic application; (ii) written intent on a prescribed intent to file a claim form; or (iii) oral intent communicated to designated VA personnel and recorded in writing. See 38 C.F.R. § 3.155. Effective March 24, 2015, all claims must be filed "on an application form prescribed by the Secretary," eliminating the constructive receipt of claims and informal claims. See 38 C.F.R. §§ 3.1(p), 3.150, 3.155, 3.160(a). Instead of informal claims, the new regulation provides that a claimant may request an application for benefits, upon receipt of which, the Secretary shall notify the claimant of the information necessary to complete the application form or form prescribed by the Secretary. See 38 C.F.R. § 3.155(a). VA will not recognize more than one intent to file concurrently for the same benefit. If an intent to file has not been followed by a complete claim, a subsequent intent to file regarding the same benefit (e.g., compensation or pension) received within 1 year of the prior intent to file will have no effect. If, however, VA receives an intent to file followed by a complete claim and a later intent to file for the same benefit (e.g., compensation or pension) is submitted within 1 year of the previous intent to file, VA will recognize the subsequent intent to file to establish an effective date for any award granted for the next complete claim, provided the claim is received within 1 year of the subsequent intent to file. See 38 C.F.R. § 3.155(b)(6). In this case, the Veteran's intent to file was received by VA on September 15, 2018. VA then received his VA 21-526, a formal claim for service connection for tinnitus, on September 6, 2019, which was within one year of the date that his intent to file was received. An October 2019 rating decision denied entitlement to service connection; the Veteran promptly filed his supplemental claim (VA 20-0995), which was received by VA on October 30, 2019. Service connection was then granted in the December 2019 rating decision. The Board finds that the Veteran has continuously pursued his claim for service connection for tinnitus since the time of the September 15, 2018 intent to file. He complied with the provisions of 38 U.S.C. § 5101 and 38 C.F.R. § 3.155 by submitting to VA an intent to file a claim for compensation on September 15, 2018. Receipt of the Veteran's intent to file a claim was acknowledged by VA. Within one year of submitting an intent to file, the Veteran submitted a completed claim for compensation, which complied with the provisions of 38 C.F.R. § 3.160, and was received by VA on September 6, 2019. When the September 2019 claim for service connection was denied, the Veteran continuously timely and properly pursued the claim. Although the Veteran has not alleged that an effective date prior to September 15, 2018 is warranted, review of the record shows that prior to the September 15, 2018 intent to file, the next most recent record is dated in July 2008. Accordingly, there is no documentation in the record supporting an effective date for the grant of tinnitus prior to September 15, 2018. Accordingly, the Board finds that the proper effective date for the grant of service connection for tinnitus is September 15, 2018, the date of the Veteran's intent to file. The appeal is granted. J. Kirby Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Small, Attorney Advisor 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.