Citation Nr: 21028900 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 16-33 419 DATE: May 12, 2021 ORDER Entitlement to an effective date prior to November 24, 2015 for the grant of service connection for a right knee disability is denied. FINDING OF FACT The regional office received the Veteran's original claim for service connection for a right ankle disability secondary to a left ankle disability on November 24, 2015, which is more than one year after he separated from service on September 2, 2014. CONCLUSION OF LAW The criteria for an effective date prior to November 24, 2015 for the grant of service connection for a right knee disability have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 2014 to September 2014, he also had prior active duty for training (ACDUTRA) in the National Guard from January 2012 to June 2012. This appeal to the Board of Veterans' Appeals (Board) is from an April 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran's claim was previously remanded by the Board in an October 2018 decision. The remand directives ordered the AOJ to issue a Statement of the Case for the issue of an earlier effective date for service connection for a right knee disability in compliance with Manlincon. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The Board finds that the RO has substantially complied with the October 2018 Board remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). As discussed below, adjudication regulations were amended for claims received on or after March 24, 2015 that require the use of standard forms prescribed by the Secretary. In this case, the Veteran used the standard form for a notice of disagreement (NOD) to perfect the appeals for the matters decided below rather than the prescribed form for a substantive appeal. Since the RO has not objected to the adequacy of the substantive appeal and has treated the matters as perfected appeals, the Board has jurisdiction to decide the appeals. See Percy v. Shinseki, 23 Vet. App. 37, 44-47 (2009). Effective Date The statutory guidelines for the determination of an effective date of an award are set forth in 38 U.S.C. § 5110. Except as otherwise provided, the effective date of an evaluation and award of 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 latter. 38 C.F.R. § 3.400. Under 38 C.F.R. § 3.400(b)(2)(i), the effective date for a grant of direct service connection will be the day following separation from active service or the date entitlement arose if the claim is received within one year after separation from service. Otherwise, the effective date is the date of receipt of claim, or date entitlement arose, whichever is later. VA amended its adjudication regulations on March 24, 2015, to require that all claims governed by VA's adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. See 79 Fed. Reg. 57660 (Sept. 25, 2014). The amendments, however, are only effective for claims and appeals filed on or after March 24, 2015. As the claims in this case were filed after that date, the amendments are applicable in this instance and will be applied. 1. Entitlement to an effective date prior to November 24, 2015 for the grant of service connection for a right knee disability The Veteran contends that he is entitled to a date earlier than November 24, 2015 for the grant of service connection for a right knee disability. In a Notice of Disagreement (NOD) received in July 2016, the Veteran contended that his current combined evaluation of 80 percent should be effective on October 1, 2014. As background, service connection for a right knee disability was granted in a June 2016 rating decision with an effective date of November 24, 2015. The Veteran was discharged on September 2, 2014. On January 14, 2015, the AOJ received a claim for service connection for a left knee disability. A review of the claim and the accompanying medical records did not suggest or indicate a right knee disability. Thus, there is no connection between the January 2015 claims and his claim for service connection for a right knee disability. On November 24, 2015, the AOJ received a claim for service connection for right knee arthritis secondary to the Veteran's service-connected left knee disability. This claim was not received within one-year of his separation from service, so an earlier effective date cannot be granted based on his separation date. The alternative is to grant it based on the date the RO received of claim or the date entitlement arose, whichever is later. Here, the effective date was appropriately based on the date the claim was received. No claim was received for the disability until November 24, 2015. There is no evidence that the Veteran filed a claim for a right knee disability prior to this date. Accordingly, earlier effective dates are not warranted. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Taylor, 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.