Citation Nr: 21013701 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 16-11 327 DATE: March 10, 2021 ORDER An effective date prior January 26, 2011, for the award of service connection for urethral stricture is denied. FINDINGS OF FACT 1. In a final decision issued in August 2004, the Board of Veterans Appeals (Board) denied service connection for residuals of sexually transmitted diseases (STDs), including urethral stricture. 2. Following the issuance of the final August 2004 Board decision, VA first received the Veteran’s application to reopen his previously denied claim for service connection for residuals of STDs, characterized as penile infection, on January 26, 2011. CONCLUSION OF LAW The criteria for an effective date prior January 26, 2011, for the award of service connection for urethral stricture have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from November 1979 to November 1983. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in April 2014 by a Regional Office of the Department of Veterans Affairs (VA). While the Veteran initially requested a Board hearing before a Veterans Law Judge in connection with his appeal, he withdrew such request in September 2020. 38 C.F.R. § 20.704(e). Entitlement to an effective date prior January 26, 2011, for the award of service connection for urethral stricture. The Veteran has appealed with respect to the propriety of the assigned effective date of January 26, 2011, for the award of service connection for urethral stricture. In this regard, he alleges that an effective date in May 1984, which corresponds to the date of notification of a rating decision that denied service connection for bilateral hearing loss, or April 2002, which is commensurate with the date of receipt of his original claim for service connection for residuals of STDs was received, is warranted. 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. Unless specifically provided otherwise, the effective date of an award based on a claim reopened after final adjudication “shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.” 38 U.S.C. § 5110(a). Specifically, under 38 C.F.R. § 3.400 (q)(1)(ii), the effective date based on new and material evidence other than service department records received after the final disallowance is the date of receipt of the new claim or the date entitlement arose, whichever is later. Under 38 C.F.R. § 3.400(r), the effective date based on a reopened claim is the date of receipt of the claim or the date entitlement arose, whichever is later. Sears v. Principi, 16 Vet. App. 244 (2002); Melton v. West, 13 Vet. App. 442 (2000). By way of background, VA received the Veteran’s original claim for compensation benefits on November 14, 1983; however, such only included a claim for service connection for bilateral hearing loss, which was denied in a May 1984 rating decision. Thus, absent at least a general description of urethral stricture, such earlier filing may not be construed as a claim for service connection for such disorder. Sellers v. Wilkie, 965 F.3d 1328 (2020) (holding that “a veteran’s formal claim is required to identify the sickness, disease, or injuries for which compensation is sought, at least at a high level of generality”). Rather, VA received the Veteran’s original claim for service connection for STDs on January 8, 2002, which was denied in an April 2002 rating decision. Following his appeal, an August 2004 Board decision denied service connection for residuals of STDs, including urethral stricture. At such time, the Veteran was advised of the decision and his appellate rights; however, he did not file an appeal to the United States Court of Appeals for Veterans Claims, a motion for reconsideration, a motion to vacate, or a motion to reverse or revise such decision on the basis of clear and unmistakable error. Furthermore, no relevant service department records have since been received. Therefore the August 2004 Board decision is final. 38 U.S.C. § 7104(b) (West 2002); 38 C.F.R. § 20.1100 (2004). Following the issuance of the final August 2004 Board decision, VA first received the Veteran’s application to reopen his previously denied claim for service connection for residuals of STDs, characterized as penile infection, on January 26, 2011. In this regard, there is no communication that may be construed as a formal or informal claim for service connection for urethral stricture that was received between the issuance of the final August 2004 Board decision and January 26, 2011. In this regard, while the Veteran requested a copy and/or transfer of his claims file in March 2006 and September 2010, there is no indication in such submissions that he intended to file a claim for service connection for urethral stricture. See Sellers, supra. Therefore, based on the above-stated facts and regulations, the Board finds that the correct date for the award of service connection for urethral stricture is January 26, 2011, the date the Veteran’s application to reopen his claim of entitlement to service connection for such disorder was first received following the issuance of the final August 2004 Board decision. See 38 C.F.R. § 3.400(q)(1)(ii); (r). As such, the Veteran is not entitled to an earlier effective date and his claim must be denied. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Northcutt, 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.