Citation Nr: 21030715 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 18-51 937 DATE: May 19, 2021 ORDER Entitlement to an earlier effective date of August 5, 2014 for the award of service connection for residuals of prostate cancer is granted. Entitlement to an earlier effective date of August 5, 2014 for the award of service connection for erectile dysfunction is granted. Entitlement to an earlier effective date of August 5, 2014 for the award of service connection for hearing loss is granted. Entitlement to an earlier effective date of August 5, 2014 for the award of service connection for tinnitus is granted. Entitlement to an earlier effective date of August 5, 2014 for the award of special monthly compensation for loss of use of a creative organ is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, the Veteran's fully developed claim for service connection for prostate cancer, erectile dysfunction, hearing loss, and tinnitus was received by VA on August 5, 2015 CONCLUSION OF LAW The criteria for entitlement to an effective date of August 5, 2014 for entitlement to service connection for prostate cancer, erectile dysfunction, hearing loss, tinnitus, and special monthly compensation based on loss of use of a creative organ have 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 March 1965 to June 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a February 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In November 2020, the Veteran testified during a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. Effective Date The Veteran is seeking an earlier effective date of August 5, 2014 for the grant of entitlement to service connection for prostate cancer, erectile dysfunction, hearing loss, tinnitus, and special monthly compensation based on loss of use of a creative organ. In its October 2015 rating decision, the RO awarded service connection from August 6, 2014 for prostate cancer, erectile dysfunction, hearing loss, tinnitus, and special monthly compensation based on loss of use of a creative organ. In a February 2017 rating decision, the RO found clear and unmistakable error in its award of an August 6, 2014 effective date for prostate cancer, erectile dysfunction, hearing loss, tinnitus, and special monthly compensation based on loss of use of a creative organ in the October 2015 rating decision. The RO determined an August 6, 2015 effective date was proper for the award of service connection for prostate cancer, erectile dysfunction, hearing loss, tinnitus, and special monthly compensation based on loss of use of a creative organ. The Board notes that the Veteran has suffered no detriment financially because the RO already waived the overpayment in February 2019 that arose from the claimed clear and unmistakable error. However, the Board finds the Veteran's claims for earlier effective dates for service connection here are not moot, as earlier effective dates for service connection may have some bearing on future entitlements. In general, the effective date for the grant of service connection based upon an original claim or a claim reopened after final disallowance is either 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 it will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110 (b)(1); 38 C.F.R. § 3.400 (b). However, Public Law 112-154, Section 506, amended 38 U.S.C. § 5110 to allow up to a one-year retroactive effective date award of disability compensation based on fully developed original claims for compensation that VA received from August 6, 2013, through August 5, 2015. Here, the Veteran filed a fully developed original claim for service connection for prostate cancer, erectile dysfunction, hearing loss, and tinnitus that was submitted to VA's mailroom at 3:37 P.M. on August 5, 2015. The submission to VA on August 5, 2015 is supported by a log sheet provided by the Veteran's representative. The Veteran's representative stated that VA's mail room procedure at that time did not "receive" claims submitted after 2:00 P.M. The evidence shows VA stamped Veteran's claim as received August 6, 2015 at 8:34 A.M. Resolving all doubt in favor of the Veteran, the Board finds the Veteran's fully developed claim was received on August 5, 2015, despite the fact its receipt was not acknowledged by VA until the morning of August 6, 2015. Accordingly, the Veteran is entitled to a one-year retroactive effective date award of August 5, 2014 for disability compensation based on his fully developed original claims for compensation that VA received on August 5, 2015. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. St. Laurent, 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.