Citation Nr: A25035556 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 240312-423116 DATE: April 17, 2025 ORDER Entitlement to an effective date prior to February 23, 2022 for the grant of service connection for posttraumatic stress disorder (PTSD) is denied. Entitlement to an effective date of July 6, 2021 for a 30 percent evaluation for irritable bowel syndrome (IBS) with gastroesophageal reflux disease (GERD) and eosinophilic gastritis with helicobacter pylori is granted. FINDINGS OF FACT 1. On July 6, 2021, the Veteran filed an Intent to File. 2. A July 7, 2021 letter from VA instructed the Veteran to complete, sign, and return a VA Form 21-526 EZ, Application for Disability Compensation and Related Compensation Benefits within a year from the date his Intent to File was received in order to receive an effective date of the date of the receipt of the Intent to File. 3. On July 16, 2021, the Veteran filed a VA Form 21-526 EZ for an increased rating and GERD and an Intent to File. 4. On February 23, 2022, the Veteran filed a Supplemental Claim for his right and left cubital tunnel syndrome and an Intent to File. 5. On March 29, 2022, the Veteran submitted a VA 21-526EZ, claiming service connection for PTSD and service connection for IBS. CONCLUSIONS OF LAW 1. The criteria for an effective date prior to February 23, 2022 for the award of service connection for PTSD have not been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155(b)(6), 3.400. 2. The criteria for an effective date of July 6, 2021 for the award of an increased disability rating for irritable bowel syndrome have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155(b), 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1996 to August 2015. This matter is before the Board of Veterans' Appeal (Board) from a March 2023 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The March 2023 rating decision is a higher-level review of a June 2022 rating decision. The June 2022 rating decision combined the Veteran's IBS with his already service-connected GERD with eosinophilic gastritis with helicobacter pylori and increased the rating from 10 percent to 30 percent effective March 29, 2022 and granted service connection for PTSD and assigned an initial 50 percent rating effective March 29, 2022. The March 2023 rating decision granted a 30 percent rating for IBS effective February 23, 2022 and assigned an earlier effective date of February 23, 2022 for service connection for PTSD. In the March 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the June 2022 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. Evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review, and the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, he may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 1. Entitlement to an effective date prior to February 23, 2022 for service connection for PTSD is denied. 2. Entitlement to an effective date of July 6, 2021 for a 30 percent evaluation for IBS is granted. The Veteran is of the position that he is entitled to an effective date prior to February 23, 2022 for a grant of service connection for PTSD and the assignment of a 30 percent evaluation for irritable bowel syndrome. His December 2022 Higher-Level Review request, he argued that the effective date for both his IBS and PTSD should be the date of his July 6, 2021 Intent to File. He is currently rated at 50 percent from February 23, 2022 under Diagnostic Code (DC) 9411 for his service-connected PTSD. He is assigned a 30 percent rating under DC 7307-7319 for his IBS. Generally, the effective date of an award based on an initial claim of compensation, 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; 38 C.F.R. § 3.400 (b). This includes original claims, a claim reopened after final disallowance, or a claim for increase (as described under the legacy appeal system) and initial or supplemental claims (as described under the AMA). Id. The regulation defining what constitutes a claim allows a claimant to submit an intent to file a claim, and VA may recognize the receipt date of the intent to file a claim as the date of claim so long as VA receives the successfully completed claim form within a year. 38 C.F.R. § 3.155(b). The claims file includes a July 6, 2021 Intent to File a Claim for Compensation form (VA Form 21-0966). VA sent correspondence acknowledging receipt of the filing on July 7, 2021. On July 16, 2021, the Veteran submitted both a VA Form 21-526 EZ for an increased rating for GERD and an Intent to File. On February 23, 2022, the Veteran submitted a Supplemental Claim for his right and left cubital tunnel syndrome and an Intent to File. VA sent correspondence to the Veteran on February 28, 2022 confirming receipt of the February 2022 Intent to File. On March 29, 2022, the Veteran filed a VA Form 21-526 EZ for service connection for IBS and service connection for PTSD and an Intent to File. The Board finds that there has been a completed application for benefits for an increased rating for GERD within one year of receipt of the July 6, 2021 Intent to File. The AOJ recategorized the Veteran's GERD to include eosinophilic gastritis with helicobacter pylori as IBS with GERD and eosinophilic gastritis with helicobacter pylori. As such, an effective date of July 6, 2021, the date of filing of the Intent to File, is warranted for the assignment of the 30 percent rating for IBS with GERD and eosinophilic gastritis with helicobacter pylori. With respect to the claim for an earlier effective date for service connection for PTSD, if a Veteran submits an intent to file for only one benefit, such as compensation, VA will not recognize another intent to file for compensation benefits until a complete claim for compensation has been submitted or one year has expired, whichever comes first. 38 C.F.R. § 3.155(b)(6); see also Standard Claims and Appeals Forms, 79 Fed. Reg. 57660, 57669-70 (Sept. 25, 2014) (implementing § 3.155(b)(6)). The Veteran is not entitled to an effective date of July 6, 2021 for the grant of service connection for PTSD because he filed a supplemental claim for left and right cubital tunnel syndrome in February 23, 2022 and an Intent to File at the same time. The Veteran's February 23, 2022 supplemental claim attached to the July 16, 2021 Intent to File and the Veteran's March 29, 2022 claim for service connection for PTSD attached to the February 23, 2022 Intent to File. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sanders, Danielle A. 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.