Citation Nr: 22015263
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 14-04 849
DATE: March 16, 2022

ISSUE

Entitlement to an effective date earlier than March 27, 2006, for the grant of service connection for coronary artery disease (CAD).

ORDER

Entitlement to an effective date of October 21, 1981, for the award of service connection for CAD is granted.

FINDING OF FACT

In August 2021 the United States Court of Appeals for Veterans Claims (Court) reversed the Board's finding that the Veteran's October 21, 1981, claim for benefits did not encompass a claim for CAD.

CONCLUSION OF LAW

The requirements for an effective date of October 21, 1981, for the grant of entitlement to service connection for CAD have been met. 38 U.S.C. § 5110 (West 2014); 38 C.F.R. § 3.155 (1981); 38 C.F.R. §§ 3.1 (p), 3.155, 3.157, 3.158, 3.309, 3.400, 3.816 (2017).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty in the Army from March 1951 to March 1954 and in the Air Force from March 1955 to August 1974, with service in the Republic of Vietnam. The Veteran was awarded the Air Force Commendation Medal and Nine Air Medals, among other decorations.

This case comes before the Board of Veterans' Appeals (the Board) from an April 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.

The Veteran had a hearing before the undersigned in September 2016. A transcript of that proceeding has been associated with the record.

Historically, in April 2017 the issues of entitlement to an earlier effective date for CAD and for right knee degenerative joint disease were denied. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2018 Memorandum Decision, the Court affirmed the Board's decision in part with regard to the right knee degenerative joint disease claim and vacated the Board's decision in part with regard to the CAD, remanding the CAD issue to the Board for additional proceedings consistent with the Memorandum Decision.

Subsequently, the Board denied entitlement to an earlier effective date for CAD in a May 2019 decision. The Veteran appealed that decision to the Court; in a December 2019 order, the Court vacated the decision and remanded the issue to the Board for additional proceedings consistent with the Joint Motion for Remand (JMR).

Most recently, the Board denied entitlement to an earlier effective date for CAD in an April 2020 decision. The Veteran appealed that decision to the Court; in an August 2021 order, the Court reversed the Board's finding that the Veteran's 1981 claim did not encompass a claim for CAD and vacated and remanded the case for the Board to determine the proper effective date for the CAD claim in accordance with 38 C.F.R. § 3.816(c)(2).

This appeal has been advanced on docket pursuant to 38 C.F.R. § 20.900 (c) (2017). 38 U.S.C. § 7107 (a) (2) (West 2014).

Legal Criteria

The assignment of effective dates of awards is generally governed by 38 U.S.C. § 5110 (West 2014) and 38 C.F.R. § 3.400 (2017). 38 U.S.C. § 5110 (a) (West 2014) provides that "the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor."

Similarly, 38 C.F.R. § 3.400 (b)(2) (2017) provides that for disability compensation for direct service connection, the effective date is the "[d]ay following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later." With regard to reopened claims after final disallowance, the effective date of an award will be the date of receipt of the new claim or the date entitlement arose, whichever is later. 38 C.F.R. §§ 3.400 (q)(2), 3.400(r) (2017).

The Board notes that 38 C.F.R. § 3.155, pertaining to informal claims, was amended. See 79 Fed. Reg. 57660 (Sept. 25, 2014). However, for purposes of this appeal, a "claim" or "application" is 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). 

Analysis

The Veteran asserts he is entitled to an effective date earlier than March 27, 2006, for the grant of service connection for CAD. The Veteran contends that his October 1981 claim for hiatal hernia should be read as an informal claim for VA compensation for CAD. He argued that he filed a claim for hiatal hernia because of symptoms such as a burning, heavy feeling in his chest; however, after he underwent a coronary artery bypass graft in December 1981, it became apparent that those symptoms were the result of his CAD. It is argued that the symptoms that prompted the Veteran to file his October 1981 claim for hiatal hernia encompassed a CAD claim.

As noted above, the Court reversed the Board's finding that the Veteran's October 21, 1981, claim did not encompass a claim for CAD.

This decision implements the Court's grant of benefits.  In sum, the Veteran is entitled to an effective date of October 21, 1981, for the grant of service connection for CAD.

 

 

MICHAEL A. PAPPAS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.M.K., 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.