Citation Nr: 22011256
Decision Date: 02/28/22	Archive Date: 02/28/22

DOCKET NO. 18-22 442
DATE: February 28, 2022

ORDER

An effective date earlier than October 25, 2017, for the grant of service connection for left shoulder rotator cuff tendinitis is denied.

FINDING OF FACT

1. Service connection for a left shoulder disability was denied by the RO in a December 2015 rating decision; although notified of the denial the Veteran did not initiate an appeal. 

2. The Veteran's request to reopen a claim for service connection for a left shoulder disability was received on October 25, 2017.

CONCLUSION OF LAW

The criteria for an effective date earlier than October 25, 2017, for the grant of service connection for left shoulder rotator cuff tendinitis have not been met. 38 U.S.C. §§ 5107, 5110 (2012); 38 C.F.R. §§ 3.102, 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 2008 to June 2008 and from March 2010 to April 2011.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2017 rating decision issued by the RO. 

The Veteran testified before the undersigned Veterans Law Judge in a virtual video hearing in November 2021. A transcript of the hearing is of record.

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2).

1. Entitlement to an effective date earlier than October 25, 2017, for the grant of service connection for left shoulder rotator cuff tendinitis

Unless otherwise specified, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase is to be fixed in accordance with the facts found but will not be earlier than the date of receipt of the claimant's application. 38 U.S.C. § 5110(a), (b); 38 C.F.R. § 3.400. The effective date is the date of receipt of claim or the date entitlement arose, whichever is later. However, if the claim is received within one year of separation from service, the effective date will be the day following the date of separation from service. 38 C.F.R. § 3.400(b)(2). 

A specific claim in the form prescribed by the Secretary must be filed for benefits to be paid to any individual under the laws administered by VA.  38 U.S.C. § 5101(a)). 38 C.F.R. § 3.155 provides that any communication or action indicating intent to apply for one or more VA benefits may be considered an informal claim. Such an informal claim must identify the benefit sought. 38 C.F.R. § 3.1(p) defines application as a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. See also Rodriguez v. West, 189 F.3d 1351 (Fed. Cir. 1999).

The original claim for compensation, including in pertinent part, a claim for service connection for a left shoulder disability was received in September 2011. and denied in April 2013. The Veteran did not appeal this decision.

The Veteran's request to reopen a claim for service connection for a left shoulder disability was received in August 2013. His request to reopen the claim was denied in a December 2014 rating decision. The Veteran did not appeal this decision.

The Veteran's next request to reopen a claim for service connection for a left shoulder disability was received in September 2015. In the December 2015 rating decision, the RO reopened the claim but denied its merits. The Veteran did not appeal this decision.

The Veteran's request to reopen a claim for service connection for a left shoulder disability was received on October 25, 2017.  Ultimately, the RO granted service connection for left shoulder rotator cuff tendinitis and assigned the appropriate effective date of October 25, 2017. 

(CONTINUED ON THE NEXT PAGE)

The effective date of an award of compensation based on a claim reopened after final disallowance will not be earlier than the date of receipt of the claimant's application. 38 U.S.C. § 5110; 38 C.F.R. § 3.400; here, no exceptions to the general rule are applicable. October 25, 2017, represents the date of receipt of the claim. 

The appeal is denied.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Jackson

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.