Citation Nr: 21013139 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 15-10 484A DATE: March 8, 2021 ORDER Entitlement to an earlier effective date earlier than April 25, 2014, for the grant of service connection for bilateral lower extremity peripheral neuropathy is denied. FINDING OF FACT No formal or informal claim for service connection for peripheral neuropathy of the bilateral lower extremities associated with diabetes mellitus type II was received by VA prior to April 25, 2014. CONCLUSION OF LAW The criteria for an effective date prior to April 25, 2014 for the grant of service connection for bilateral lower extremity peripheral neuropathy have not been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from September 1967 to September 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a December 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Newnan, Georgia. Entitlement to an effective date prior to April 25, 2014, for the grant of service connection for bilateral lower extremity peripheral neuropathy. By way of background, the Veteran was granted service connection for diabetes mellitus type II by a May 21, 2012 rating decision. Pursuant to it, the Veteran’s diabetes has been service-connected since January 31, 2011. See May 2012 Rating Decision. The Veteran contends that an earlier effective date is warranted for the award of an initial 20 percent rating for peripheral neuropathy of the bilateral lower extremities associated with diabetes mellitus type II. Service connection for same was granted in the December 30, 2014 rating decision on appeal, with an initial 20 percent rating assigned from April 25, 2014. The Veteran and his representative argue that an effective date of June 18, 2012 is warranted on the basis of medical evidence dated accordingly. See, e.g.: VA Form 9 (rec’d Apr. 16, 2015 ); NOD (rec’d Jan. 27, 2015 ). The Veteran did not express any disagreement with the propriety of his initial 20 percent rating—only the effective date. The Board limits his appeal accordingly. For a grant of service connection, the effective date is date of claim or date entitlement arose, whichever is later. 38 C.F.R. § 3.400(b)(2). Date of claim refers to the date the claim was received by VA. The record does not demonstrate that VA received a claim for service connection for peripheral neuropathy of the bilateral lower extremities associated with diabetes mellitus type II prior to April 25, 2014. As per 38 C.F.R. § 3.400, the effective date will be the date of receipt of the claim or the date entitlement arose, whichever is later. As a matter of law, the date upon which entitlement arose is the date that the Veteran filed his claim. Since March 2015, a specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151. Prior to March 2015, any communication or action indicating an intent to apply for one or more benefits under the laws administered by VA from a claimant may be considered an informal claim. 38 C.F.R. § 3.155. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if the formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within one year from the date it was sent to the claimant, it will be considered filed as of the date of the receipt of the informal claim. 38 C.F.R. § 3.155. Here, the Veteran’s claim was received on April 25, 2014, which is prior to March 2015. For the reasons to follow, the Board is precluded as a matter of law from assigning any earlier effective date, including June 18, 2012. Even though informal claims for benefits sought may be considered prior to March 2015, the Board simply concludes that no claim was received any earlier than April 25, 2014. The Board is in receipt of a private treatment record dated June 18, 2012, in which Dr. M.J.S. states that “[the Veteran] is a 65 year old man under my care with type 2 diabetes mellitus, insulin requiring, with symptomatic lower extremity peripheral neuropathy which limits his ability to work.” See Medical Treatment Record (June 18, 2012) (rec’d Apr. 25, 2014 ). Even though this record is dated June 18, 2012, the Board concludes that it was only received by the AOJ on April 25, 2014, as evidenced by the RO’s date-received stamp. Additionally, the Board notes in passing that because the AOJ only received this medical record on April 25, 2014, once the AOJ ascertained that the Veteran was seeking service connection for diabetic neuropathy as secondary to diabetes (as opposed to an increased rating for diabetes), he was awarded an effective date of April 25, 2014. The Board is bound by governing law and regulations and has no authority to award benefits not authorized by governing law. The Board is sympathetic to the Veteran’s argument that he is entitled to an effective date of June 18, 2012, for peripheral neuropathy of the bilateral lower extremities as secondary to diabetes mellitus type II, and the Board has fully considered this argument. Ultimately, the Board cannot escape the conclusion that the preponderance of the evidence of record precludes a finding that the Veteran filed a formal or informal application for this benefit prior to April 25, 2014.   As a result, VA is precluded from granting an earlier effective date for the grant of service connection for that disability, and the appeal in this matter must be denied. There is no benefit of the doubt to resolve. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. MARTHA R. LUBOCH Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael B. Engle, Associate 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.