Citation Nr: 21040465 Decision Date: 07/03/21 Archive Date: 07/03/21 DOCKET NO. 17-57 275 DATE: July 3, 2021 ORDER An effective date of April 3, 1997, for the award of service connection for lumbar pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for cervical pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for right elbow pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for left elbow pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for right hand pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for left hand pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for right wrist pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for left wrist pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for limitation of extension left hip associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for impairment of left hip associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for limitation of flexion left hip associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for limitation of extension right hip associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for impairment of right hip associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for limitation of flexion right hip associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for right knee pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for left knee pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for right ankle pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of service connection for left ankle pain associated with Reiter's syndrome is granted. An effective date of April 3, 1997, for the award of eligibility of Dependents' Educational Assistance (DEA) is granted. FINDINGS OF FACT 1. The Veteran separated from active service on April 2, 1997; his original claim for service connection for fibromyalgia/musculoskeletal pains was received prior to discharge from service in February 1997. 2. The effective date of the award of service connection for lumbar pain, cervical pain, bilateral elbow, bilateral hand, bilateral wrist, bilateral hip, bilateral knee, bilateral ankle disabilities associated with Reiter's syndrome is assigned April 3, 1997, the day following separation from active service. 3. Basic eligibility to DEA benefits under the provisions of 38 USC Chapter 35 were met on April 3, 1997. CONCLUSIONS OF LAW 1. The criteria for an effective date of April 3, 1997 for the grant of service connection for lumbar pain, cervical pain, bilateral elbow, bilateral hand, bilateral wrist, bilateral hip, bilateral knee, bilateral ankle disabilities associated with Reiter's syndrome have been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.155, 3.400. 2. The criteria for an effective date of April 3, 1997, for the award of DEA under 38 U.S.C. Chapter 35 have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.156 (b), 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from September 1993 to April 1997. During the pendency of the appeal, the Veteran died in June 2020. The Appellant is the Veteran's surviving spouse who has been substituted following his death. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision of the Agency of Original Jurisdiction (AOJ) that implemented the Board's January 2015 decision which granted service connection for Reiter's syndrome. In April 2020, the Veteran testified at a hearing before a Veterans Law Judge who is no longer employed by the Board; a transcript of this hearing is associated with the record and no additional hearing has been requested. Earlier Effective Date For the reasons stated below, the Board finds that an effective date of April 3, 1997, the day following his separation from service is warranted. In cases involving direct service connection, the effective date 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 will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(b)(2)(i). In a March 2015 rating decision, the AOJ implemented the Board's grant of service connection for Reiter's syndrome and also awarded separate evaluations for disabilities of lumbar pain, cervical pain, bilateral elbow, bilateral hand, bilateral wrist, bilateral hip, bilateral knee, bilateral ankle associated with Reiter's syndrome, with an effective date of November 23, 1999, the date VA received a claim for sero-negative arthritis/tendonitis, multiple joints. The Veteran seeks entitlement to an effective date earlier than November 23, 1999 for his disabilities associated with Reiter's syndrome. The Veteran separated from service on April 2, 1997. The record clearly shows that during service and continuing after discharge, the Veteran experienced continuous and persistent symptoms that subsequently were attributed to his currently diagnosed and service-connected disabilities associated with Reiter's syndrome. In fact, the record shows that prior to discharge, the Veteran attempted to establish service connection for fibromyalgia/ musculoskeletal pains in February 24, 1997. He also submitted medical evidence within one year from discharge documenting provisional or differential diagnoses of Reiter's syndrome and/or arthritis. Although an award of service connection for Reiter's syndrome was ultimately granted by the Board in January 2015, the record demonstrates that the Veteran initially claimed musculoskeletal pains, symptoms of Reiter's syndrome and/or arthritis during service and continued to prosecute his claim for symptoms now associated with Reiter's syndrome. Thus, the AOJ's award of separate evaluations for lumbar pain, cervical pain, bilateral elbow, bilateral hand, bilateral wrist, bilateral hip, bilateral knee, bilateral ankle disabilities associated with Reiter's syndrome should be assigned based on his initial application, which was received within one year after separation from service. In resolving any reasonable doubt in the Veteran's favor, the Board concludes that April 3, 1997 should be the effective date assigned for the grant of service connection for lumbar pain, cervical pain, bilateral elbow, bilateral hand, bilateral wrist, bilateral hip, bilateral knee, bilateral ankle disabilities associated with Reiter's syndrome. Additionally, the effective date for the award of eligibility for DEA benefits is directly related to the above favorable finding. Therefore, an effective date of April 3, 1997 for eligibility for DEA benefits is warranted as the criteria for basic entitlement to DEA benefits under the provisions of 38 U.S.C. Chapter 35 have been met. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. An, 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.