Citation Nr: 21021096 Decision Date: 04/09/21 Archive Date: 04/09/21 DOCKET NO. 19-24 346 DATE: April 9, 2021 ORDER Entitlement to an effective date earlier than March 20, 2012, for the grant of service connection for fibromyalgia with irritable bowel syndrome (IBS), is denied. FINDINGS OF FACT 1. In a February 2006 rating decision, the Veteran’s June 2005 service connection claim for “chronic pain” associated with his left and right ankles, knees, and low back was denied; however, he did not appeal or submit new and material evidence within one year of that decision. 2. The Veteran formally filed a new service connection claim for fibromyalgia with IBS that was received by VA on March 20, 2012. 3. Prior to March 20, 2012, there is no formal claim, informal claim, or written intent to file a claim to reopen the previously denied claim of entitlement to service connection for fibromyalgia with IBS. CONCLUSION OF LAW The criteria for an effective date earlier than March 20, 2012, for the grant of service connection for fibromyalgia with IBS have not been met. 38 U.S.C. §§ 5107, 5110 (2018); 38 C.F.R. §§ 3.155, 3.400 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active air service from October 2000 to April 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In connection with this appeal, the Veteran testified at a hearing before the undersigned Veterans Law Judge in October 2020. The Veteran has contended that he should be granted an effective date earlier than March 20, 2012, for the grant of entitlement to service connection for fibromyalgia with IBS. Specifically, he argued that the date of entitlement should be effective from his separation date from active service. The Board has thoroughly reviewed the evidence of record prior to March 20, 2012, to determine if the Veteran filed a claim, an informal claim, or expressed written intent to file a claim for service connection. The record shows that the Veteran filed a formal service connection claim for gastroesophageal reflux disease (GERD) and “chronic pain” associated with his left and right ankles, knees, and low back that was received by VA on June 14, 2005. An August 2005 VA examiner determined that the Veteran’s symptoms, to specifically include pain, were otherwise associated with known clinical diagnoses. Furthermore, entitlement did not arise because there was not a confirmed diagnosis for fibromyalgia with IBS. As such, the RO granted entitlement to service connection for GERD, residuals of left and right ankle injuries, left knee chondromalacia and patellofemoral syndrome, and lumbar degenerative disc disease in a February 2006 rating decision. The Veteran did not file a notice of disagreement or submit new and material evidence within one year of that decision. Consequently, finality had attached to the February 2006 rating decision and his service connection claim was no longer pending as of June 2005. The Veteran’s only recourse is to file a claim requesting revision of the February 2006 rating decision based on clear and unmistakable error (CUE). Nonetheless, the Board recognizes that on March 20, 2012, the Veteran formally filed a new claim for entitlement to service connection for IBS with fibromyalgia. To the extent that the Veteran was reportedly entitled to service connection for “chronic pain” associated with fibromyalgia upon his separation from active service, the Board observes that the date of entitlement arose before the date of receipt of his new service connection claim. Accordingly, the Board notes that the accurate effective date would be March 20, 2012, which is the later of the date of claim and the date entitlement arose. Therefore, the claim for an earlier effective date is without legal merit. Sabonis v. Brown, 6 Vet. App. 426 (1994). As such, the Board finds that the criteria for earlier effective dates for the grant of service connection for fibromyalgia with IBS is not warranted. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Ware, 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.