Citation Nr: 21013285 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 19-32 260 DATE: March 9, 2021 ORDER Entitlement to an effective date earlier than March 5, 2018, for the grant of service connection for bilateral hearing loss is denied. Entitlement to an effective date earlier than March 5, 2018, for the grant of service connection for tinnitus is denied. FINDINGS OF FACT 1. A review of the records reveals that the Veteran was previously denied service connection for bilateral hearing loss in a January 2015 rating decision. The Veteran did not appeal, and the decision became final. Thereafter, the Veteran did not file an informal or formal service connection claim for his bilateral hearing loss prior to March 5, 2018. Thus, the effective date for service connection is March 5, 2018, the date the VA received the Veteran’s claim. 2. A review of the record reveals that the Veteran did not file an informal or formal service connection claim for his tinnitus prior to March 5, 2018, nor was the Veteran’s claim received within one year of separation from active service. Thus, the effective date for service connection is March 5, 2018, the date the VA received the Veteran’s claim. CONCLUSIONS OF LAW 1. The criteria for an effective date earlier than March 5, 2018, for the grant of service connection for bilateral hearing loss are not met. 38 U.S.C. §§ 5110, 7104; 38 C.F.R. §§ 3.151, 3.156, 3.400. 2. The criteria for an effective date earlier than March 5, 2018, for the grant of service connection for tinnitus are not met. 38 U.S.C. §§ 5110, 7104; 38 C.F.R. §§ 3.151, 3.156, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty service from July 1959 to December 1962. In a February 2021 correspondence received by the Board, the Veteran requested that the Board cancel the hearing and proceed with adjudication of the claims on the record. Effective Date The statutory and regulatory guidelines for the determination of an effective date of an award of disability compensation are set forth in 38 U.S.C. § 5110 and 38 C.F.R. § 3.400. The effective date of an evaluation and an award of compensation based on an original claim, a claim reopened after a final disallowance, or a claim for increase will be the date the claim was received, or the date entitlement arose, whichever is later. See 38 C.F.R. § 3.400. The provisions of 38 C.F.R. § 3.400 (b)(2) allow for assignment of an effective date the day following separation from active service if a claim is received within 1 year after separation from service. 1. Entitlement to an effective date earlier than March 5, 2018, for the grant of service connection for bilateral hearing loss. 2. Entitlement to an effective date earlier than March 5, 2018, for the grant of service connection for tinnitus. The Board observes that service connection for bilateral hearing loss and tinnitus has been assigned an effective date of March 5, 2018. Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by VA may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. 38 C.F.R. § 3.155 (a). In the present case, there is simply nothing in the record to suggest an effective date prior to March 5, 2018 is warranted. The Board notes that the Veteran first established a direct relationship between his bilateral hearing loss, tinnitus, and his time in-service during a May 2018 VA examination. Importantly, the pertinent regulations specifically state that the effective date should be the date of a claim or the date entitlement arose, whichever is later. See 38 C.F.R. § 3.400. In the instant case, based on these regulations, the effective date has been appropriately assigned as the date of claim for which it was successfully filed. The Board notes that prior to March 5, 2018, there is no evidence in the record of a reopened claim for service connection for bilateral hearing loss or a claim filed by the Veteran for tinnitus. Thus, the effective date will be the date the claim was received, or the date entitlement arose, whichever is later. See 38 C.F.R. § 3.400. While sympathetic to the Veteran’s belief that an earlier effective date is warranted, for the reasons outlined above, the Board is precluded by law from assigning an effective date prior to March 5, 2018 for the grant of service connection for bilateral hearing loss and tinnitus. It is noted that while the Veteran did file earlier claims for service connection for ear problems and hearing loss, they were denied in earlier rating decisions. The Veteran was notified of the earlier decisions and did not appeal. As such, they became final. Thereafter, in association with the March 2018 claim service connection was granted on the basis of new and material evidence. The appropriate effective date has been assigned. Accordingly, the preponderance of the evidence is against the claim for an effective date prior to March 5, 2018 for the award of service connection for bilateral hearing loss and tinnitus. In reaching this decision the Board considered the doctrine of reasonable doubt, however, as the preponderance of the evidence is against the Veteran’s claim, the doctrine is not for application. 38 U.S.C. § 5107. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Harris, Michael E. 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.