Citation Nr: A25035658 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 241023-484841 DATE: April 17, 2025 ORDER Entitlement to an earlier effective date of August 18, 2020, but no earlier, for the award of service connection for left hip replacement, is granted. FINDINGS OF FACT 1. The Veteran filed a formal claim for entitlement to service connection for left hip replacement that was received by the Department of Veterans Affairs (VA) on August 18, 2020, and has continuously pursued that claim. 2. Prior to August 18, 2020, there was no formal claim, informal claim, or written intent to file a claim for entitlement to service connection for left hip replacement. CONCLUSION OF LAW The criteria for entitlement to an earlier effective date of August 18, 2020, but no earlier, for the award of service connection for left hip replacement, have been met. 38 U.S.C. § 5107, 5110 (2018); 38 C.F.R. §§ 3.155, 3.400, 3.2500 (2024). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from July 1964 to April 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2024 rating decision by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). In the October 2024 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence before the AOJ at the time of the October decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 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, the Veteran 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 claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. The Board acknowledges the decision is being issued prior to expiration of the time for the Veteran to modify his Notice of Disagreement. However, in December 2024, the Veteran submitted a signed waiver, waiving the remainder of his time to select a different Board review option. Accordingly, the Board finds it may proceed with adjudication. The Board notes that in the October 2024 VA Form 10182, the Veteran described the issue on appeal as VA's decision on his left hip; however, in an attached argument, the Veteran stated he disagreed with the effective date assigned for the award of service connection for his left hip replacement. As the Veteran stated his disagreement was with the effective date assigned and not the assigned rating, the Board has limited its review accordingly. Effective Date - Left Hip Replacement The Veteran asserts he has continuously pursued his claim for entitlement to service connection for left hip replacement since his formal claim in August 2020; therefore, his effective date should be August 10, 2020, the date of his left hip surgery, and not July 18, 2022, the date VA received his supplemental claim. Generally, the effective date for the grant of service connection will be the day following separation from active service or the date entitlement arose, if the claim is received within one year after discharge from service. Otherwise, for an award based on an original claim, claim reopened after a final disallowance, or claim for an increased rating, the effective date is the date of receipt of the claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. A claimant may indicate a desire to file a claim for benefits by filing an intent to file a claim to VA. Upon receipt of the intent to file a claim, VA will furnish the claimant with the appropriate application form prescribed by VA. If VA receives a complete application form within one year of the receipt of the intent to file a claim, VA will consider the complete claim filed as of the date of the intent to file a claim was received. 38 C.F.R. § 3.155(b). Under the modernized review system, if a claimant continuously pursues an issue by timely filing in succession any of the available review options as specified in 38 C.F.R. §3.2500(c) within one year of the issuance of the decision (or the time period specified in paragraph 38 C.F.R. §3.2500(f), as applicable to simultaneously contested claims), the effective date will be fixed in accordance with the date of receipt of the initial claim or date entitlement arose, whichever is later. 38 C.F.R. §3.2500(h)(1). Pursuant to 38 C.F.R. §3.2500(c)(3), following notice of a decision on an appeal to the Board, the claimant may continuously pursue a claim by filing a timely supplemental claim or notice of appeal to the United States Court of Appeals for Veterans Claims (CAVC). Turning to the evidence, the record indicates the Veteran underwent a total left hip arthroplasty on August 11, 2020. Following the procedure, the Veteran filed a formal claim for entitlement to service connection for his left hip replacement that was received by VA on August 18, 2020. The Veteran's claim was denied in an October 2020 rating decision, and the Veteran appealed that decision to the Board in an October 2020 VA Form 10182. In an August 2021 decision, the Board denied the Veteran's claim for entitlement to service connection for a left hip replacement. Following the August 2021 Board decision, the Veteran submitted a timely supplemental claim with new and relevant evidence, citing the August 2021 Board decision as the decision on appeal, that was received by VA on July 15, 2022. In a September 2022 rating decision, the AOJ confirmed and continued the denial of entitlement to service connection for left hip replacement, and the Veteran appealed that decision to the Board in an October 2022 VA Form 10182. In a January 2023 decision, the Board remanded the Veteran's claim for additional development. Following completion of the additional development, the AOJ continued the denial of the Veteran's claim in a March 2023 rating decision, and the Veteran appealed that decision to the Board in a March 2023 VA Form 10182. In a May 2023 decision, the Board denied the Veteran's claim for entitlement to service connection for a left hip disability. The Veteran appealed the May 2023 Board decision to CAVC. In a May 2024 Order, the Court granted a Joint Motion of the parties, which vacated the May 2023 decision and remanded the case to the Board for action consistent with the Joint Motion. In a September 2024 decision, the Board remanded the claim to the AOJ for further development. Following completion of the additional development, in the October 2024 rating decision on appeal, the AOJ granted entitlement to service connection for left hip replacement with an evaluation of 50 percent, effective July 18, 2022, the date VA received the Veteran's supplemental claim. Based on the foregoing, the Board finds the Veteran is entitled to an earlier effective date of August 18, 2020, but no earlier, for the award of entitlement to service connection for left hip replacement. In this regard, the Veteran has continuously pursued his claim since VA received his formal claim on August 18, 2020. The evidence of record indicates the Veteran underwent left hip replacement surgery on August 11, 2020; therefore, this is the date entitlement arose. The record does contain an intent to file, which was received by VA on August 20, 2019, within one year prior to receipt of the August 2020 formal claim; however, prior to the Veteran's August 2020 claim, the Veteran submitted a formal claim for entitlement to service connection for low back pain, left sciatic radicular pain, bilateral hearing loss, bilateral tinnitus, hypertension, erectile dysfunction, cellulitis, and posttraumatic stress disorder, which was received by VA on December 21, 2019. Only one claim can be associated with an intent to file, and the AOJ associated the December 2019 service connection claims with the August 2019 intent to file. See 38 C.F.R. § 3.155(d)(1)(ii) (Only one complete claim for a benefit (e.g., compensation, pension) may be associated with each intent to file a claim for that benefit, though multiple issues may be contained within a complete claim.). Therefore, the date of claim is August 18, 2020. In sum, as the date of claim is later than the date entitlement arose, and the Veteran has continuously pursued his claim since VA received his formal claim, the Board finds the evidence weighs persuasively in favor of the claim, and entitlement to an earlier effective date of August 18, 2020, but no earlier, for the award of service connection for left hip replacement, is warranted. 38 U.S.C. §§ 5107(b), 5110(a); 38 C.F.R. §§ 3.400, 3.2500(h); Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc). Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E.J. Woodward, 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.