Citation Nr: 21007218 Decision Date: 02/09/21 Archive Date: 02/09/21 DOCKET NO. 20-10 223 DATE: February 9, 2021 ORDER 1. Entitlement to an effective date prior to July 24, 2017, for the award of service connection for right lower extremity frostbite residuals, is denied. 2. Entitlement to an effective date prior to July 24, 2017, for the award of service connection for left lower extremity frostbite residuals, is denied. 3. Entitlement to an effective date prior to July 24, 2017, for the award of service connection for right upper extremity frostbite residuals, is denied. 4. Entitlement to an effective date prior to July 24, 2017, for the award of service connection for left upper extremity frostbite residuals, is denied. 5. Entitlement to an effective date prior to July 24, 2017, for the award of service connection for Raynaud’s syndrome, is denied. 6. Entitlement to an effective date prior to July 24, 2017, for the award of service connection for posttraumatic stress disorder (PTSD) is denied. FINDINGS OF FACT 1. The Veteran’s initial intent to file was received by VA on March 8, 2016, (and a completed application was not received by VA within a year of the intent to file). 2. The Veteran’s subsequent intent to file was received by VA on July 24, 2017. 3. The Veteran’s initial completed claim of service connection for right and left lower extremity, and right and left upper extremity frostbite, Raynaud’s syndrome, and PTSD was received on August 7, 2017. CONCLUSIONS OF LAW 1. An effective date earlier than July 24, 2017, for the grant of service connection for right lower extremity frostbite residuals is not warranted. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. 2. An effective date earlier than July 24, 2017, for the grant of service connection for left lower extremity frostbite residuals is not warranted. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. 3. An effective date earlier than July 24, 2017, for the grant of service connection for right upper extremity frostbite residuals is not warranted. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. 4. An effective date earlier than July 24, 2017, for the grant of service connection for left upper extremity frostbite residuals is not warranted. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. 5. An effective date earlier than July 24, 2017, for the grant of service connection for Raynaud’s syndrome is not warranted. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. 6. An effective date earlier than July 24, 2017, for the grant of service connection for PTSD is not warranted. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The appellant is a WWII Veteran who served on active duty from September 1944 to July 1946. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a June 2018 rating decision. In a subsequent ( January 2020 ) Statement of the Case (SOC), the Decision Review Officer (DRO) granted an earlier effective date of July 24, 2017 for the grant of service connection for right and left lower extremity, and right and left upper extremity frostbite, Raynaud’s syndrome, and PTSD. In October 2020, the Veteran withdrew his request for a Board hearing. 1., 2., 3., 4., 5., 6. Entitlement to an effective date prior to July 24, 2017, for the awards of service connection for right and left lower extremity, and right and left upper extremity frostbite, Raynaud’s syndrome, and PTSD is denied. Except as otherwise provided, the effective date of an award of compensation based on an original claim 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. An effective date of an award of service connection is not based on the earliest medical evidence showing a causal connection, but on the date that the application upon which service connection was eventually awarded was filed with VA. Lalonde v. West, 12 Vet. App. 377, 382 (1999). The Veteran’s initial intent to file was dated March 1, 2016 and was received by VA on March 8, 2016. A VA letter to the Veteran dated March 11, 2016 acknowledged receipt of the intent to file and informed him that if a completed application was received within one year from the date that his intent to file was received and VA decided that he was entitled to VA benefits, VA may be able to compensate him from the date his intent to file was received. A completed application for benefits, although dated March 6, 2017, was not received by VA until August 7, 2017 (not within a year following receipt of his initial intent to file). A subsequent intent to file was received by VA on July 24, 2017, and as noted above, a completed application for benefits was received on August 7, 2017. The Veteran asserts that an effective date prior to July 24, 2017, (at least back to March 8, 2016) should be assigned for the awards of service connection for right and left lower extremity, and right and left upper extremity frostbite, Raynaud’s syndrome, and PTSD. A VA “claim” has been defined broadly to include a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. 38 C.F.R. § 3.1(p); Brannon v. West, 12 Vet. App. 32, 34-5 (1998); Servello v. Derwinski, 3 Vet. App. 196, 199 (1992). The Board notes that the regulations defining a “claim” were revised in March 2015. Under the pre-March 2015 framework, any communication or action indicating an intent to apply for one or more benefits under laws administered by VA from a claimant may be considered an informal claim. Such an informal claim must identify the benefits sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form was to be forwarded to the claimant for completion and submission. 38 C.F.R. § 3.155 (a) (2014). Also under the pre-March 2015 framework, a report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or VA issue, if the report relates to a disability which may establish entitlement. 38 C.F.R. § 3.157 (2014). Effective March 24, 2015, VA revised the regulations to require that all claims governed by VA’s adjudication regulations be filed on a standard form. The amendments also eliminated constructive receipt of VA hospitalization or examination reports and other medical records as informal claims to reopen. See 79 Fed. Reg. 57,660 (Sept. 25, 2014), codified as amended at 38 C.F.R. §§ 3.151, 3.155, 3.157 (2017). The amended regulations apply to claims filed on or after March 24, 2015. Since the Veteran’s initial intent to file was received on March 8, 2016 and his subsequent intent to file was received by VA on July 24, 2017, and no informal claim or “intent to file” pertaining for right and left lower extremity, and right and left upper extremity frostbite, Raynaud’s syndrome, or PTSD was received prior to March 24, 2015, the amended rules apply, and a claim had to have been filed on a standard form. After DRO review of the June 2018 rating decision, service connection for right and left lower extremity, and right and left upper extremity frostbite, Raynaud’s syndrome, and PTSD was granted (as noted in the January 2020 SOC) from the earlier effective date of July 24, 2017, the date VA received the Veteran’s subsequent intent to file a service connection claim. As is noted above, the effective date for the award of service connection based on an original claim is the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 C.F.R. § 3.400. Also, if an intent to file a claim is not submitted in the form required by paragraph (b)(1) of this section or a complete claim is not filed within 1 year of the receipt of the intent to file a claim, VA will not take further action unless a new claim or a new intent to file a claim is received. 38 C.F.R. § 3.155(b)(4). Although the Veteran’s initial intent to file was received by VA on March 8, 2016, the completed application for benefits (although dated March 6, 2017) was unfortunately not received by VA until August 7, 2017, more than a year from the date his initial intent to file was received. In accordance with 38 C.F.R. § 3.155(b)(4), VA took action on the subsequent intent to file, dated July 24, 2017, and, as noted above, assigned July 24, 2017 as the effective date of award of service connection for right and left lower extremity, and right and left upper extremity frostbite, Raynaud’s syndrome, and PTSD. The Board acknowledges the Veteran’s argument that the March 3, 2017 date entered on the completed application received August 7, 2017; however, such entry does not establish either that the claim was mailed or submitted on that date or that it was received by VA on that date. Therefore, the Board finds that the preponderance of the evidence is against this claim. Hence, the appeal seeking entitlement to an effective date prior to July 24, 2017, for the awards of service connection for bilateral lower and bilateral upper extremity frostbite, Raynaud’s syndrome, and PTSD must be denied. GEORGE R. SENYK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Bayles, 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.