Citation Nr: 21025259 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 17-51 292 DATE: April 27, 2021 ORDER Entitlement to an earlier effective date of November 14, 2004, for the grant of service connection for left knee strain, is granted. FINDING OF FACT The Veteran separated from active service on November 13, 2004, and submitted an informal claim for a knee disability on June 28, 2005. CONCLUSION OF LAW The criteria for an effective date of November 14, 2004, for the grant of service connection for left knee strain, have been met. 38 U.S.C. §§ 501, 5110; 38 C.F.R. §§ 3.155, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 2003 to November 2004. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2010 rating decision by the Department of Veterans Affairs (VA). The issue of an earlier effective date for the grant of service connection for left knee strain was remanded by the Board in May 2017 pursuant to Manlincon v. West, 12 Vet. App. 238 (1999). The RO issued a statement of the case in August 2017. The appeal was then returned to the Board for further appellate review. In February 2020, the Board issued a decision denying an effective date prior to October 23, 2009 for the grant of service connection for left knee strain. In October 2020, the United States Court of Appeals for Veterans Claims granted a Joint Motion for Partial Remand regarding the issue of an earlier effective date for the grant of service connection for left knee strain. Therefore, the February 2020 Board decision was vacated to the extent it denied the Veteran’s claim of entitlement to an effective date prior to October 23, 2009 for the grant of service connection for left knee strain. The Veteran and his representative were notified in October 2020 that the appeal had been returned to the Board. The 90pday period for the submission of additional evidence or argument having passed, the Board will proceed to address the issue of an effective date prior to October 23, 2009. Clark v. O’Rourke, 30 Vet. App. 92, 97–99 (2018). 1. Earlier effective date for service connection for a left knee strain. An award of service connection will be effective on the day following separation from active military service or the date on which entitlement arose if the claim is received within one year of separation from service. Otherwise, except as specifically provided, the effective date of an evaluation and award for pension, compensation, or dependency and indemnity compensation based on an original claim, a claim reopened after a final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. For claims filed prior to March 24, 2015, a communication not on the appropriate form is treated as an informal claim. Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant may be considered an informal claim. 38 U.S.C. § 501(a); 38 C.F.R. § 3.155(a). 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. Id. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim. Id. Claim is 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). Thus, the essential elements for any claim, whether formal or informal, are (1) an intent to apply for benefits, (2) an identification of the benefits sought, and (3) a communication in writing. Brokowski v. Shinseki, 23 Vet. App. 79, 84 (2009); see also MacPhee v. Nicholson, 459 F.3d 1323, 1326-27 (Fed. Cir. 2006) (holding that the plain language of the regulations requires a claimant to have an intent to file a claim for VA benefits). To determine when a claim was received, the Board must review all communications in the claims file that may be construed as an application or claim. See Quarles v. Derwinski, 3 Vet. App. 129, 134 (1992). In this instance, the Veteran submitted a claim for service connection on June 28, 2005 and indicated “leg pain.” The Veteran provided a narrative statement which stated that he had “leg pain probably from constantly carrying the load and from sleeping on cots, the ground, or in vehicles.” He went on to state that he had constant joint pain especially in the hips, knees, and ankles. The Veteran associated the joint pain of the hips, knees, and ankles to “constantly carrying a load, sleeping conditions, and bouncing over rough, dangerous roads.” The similarity of the Veteran’s statements regarding his leg pain and the pain in his joints indicates the Veteran was making an association between his leg pain and the pain in his knees. In the same narrative, the Veteran discussed development of shin splints. The RO recognized the correlation between shin splints and his claimed leg pain, but failed to recognize the ankles, knees, and hips. As such, no application form was forwarded to the claimant for execution. A claim related to knee pain was not adjudicated until the Veteran submitted a claim in October 2009, for chronic left knee pain. However, the Veteran clearly had intent to apply for benefits, which was recognized by the RO, identified pain in the knees, and provided the communication in writing. Therefore, the Veteran’s claim received in June 2005 meets the essential elements of a claim for a knee condition. As such, and in the interest of affording the Veteran the full benefits-of-the-doubt, the Board finds that the Veteran’s claim, received in June 2005, constituted an informal claim for service connection for his knee. Therefore, the Board turns to consideration of the proper effective date for his grant of service connection for left knee strain. The Veteran was separated on November 13, 2004. The informal claim for the Veteran’s knees was received on June 28, 2005, which was within one year of his separation. Because the Veteran submitted his claim for service connection for his knee within one year of his separation the applicable effective date is the day following his separation, November 14, 2004. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. Accordingly, affording the Veteran the benefit of the doubt entitlement to an earlier effective date of November 14, 2004, for the grant of service connection for left knee strain, is granted. CHRISTOPHER A. WENDELL Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Temple, 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.