Citation Nr: A25041240 Decision Date: 05/06/25 Archive Date: 05/06/25 DOCKET NO. 240530-448249 DATE: May 6, 2025 ORDER An initial rating of 70 percent, but no higher, is granted for unspecified anxiety disorder, subject to the regulations governing the payment of monetary awards. An initial rating of 20 percent, but no higher, is granted for lumbosacral strain and sacroiliac sclerosis to include intervertebral disc syndrome, subject to the regulations governing the payment of monetary awards. An initial rating of 50 percent, but no higher, is granted for migraines, subject to the regulations governing the payment of monetary awards. FINDINGS OF FACT 1. The Veteran continuously pursued a claim for entitlement to a higher initial rating for unspecified anxiety disorder since filing service connection was granted in July 2021. 2. The Veteran continuously pursued a claim for entitlement to a higher initial rating for lumbosacral strain and sacroiliac sclerosis to include intervertebral disc syndrome since filing service connection was granted in July 2021. 3. The Veteran continuously pursued a claim for entitlement to a higher initial rating for migraines since filing service connection was granted in July 2021. CONCLUSIONS OF LAW 1. The criteria have been met for entitlement to an initial rating of 70 percent, but no higher, for unspecified anxiety disorder. 38 U.S.C. §§ 5110, 7104, 7105; 38 C.F.R. §§ 3.104, 3.400, 3.2500, 20.1103. 2. The criteria have been met for entitlement to an initial rating of 20 percent, but no higher, for lumbosacral strain and sacroiliac sclerosis to include intervertebral disc syndrome. 38 U.S.C. §§ 5110, 7104, 7105; 38 C.F.R. §§ 3.104, 3.400, 3.2500, 20.1103. 3. The criteria have been met for entitlement to an initial rating of 50 percent, but no higher, for migraines. 38 U.S.C. §§ 5110, 7104, 7105; 38 C.F.R. §§ 3.104, 3.400, 3.2500, 20.1103. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Navy from May 2001 to May 2021. These matters are before the Board of Veterans' Appeals (Board) on appeal from a May 24, 2024, rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). A January 2024 rating decision increased the ratings to 70 percent for anxiety, 20 percent for lumbosacral strain, and 50 percent for migraines, all effective March 14, 2022. The Veteran requested a higher level review seeking earlier effective dates for the increases, and in May 2024 a higher level review denied earlier effective dates. On May 30, 2024, the Veteran submitted a VA Form 10182 Decision Review Request form to appeal his claims to the Board and selected the Direct Review lane. As explained in the VA Form 10182, "direct review" means that the Board's decision must be based upon the evidence of record at the time of the prior decision, with no evidence submission or hearing request. As such, the Board has considered only the evidence of record at the time of the January 2024 decision. 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. Entitlement to an effective date earlier than March 14, 2022, for (1) the increased rating for unspecified anxiety disorder from 30 percent to 70 percent disabling; (2) the increased rating for lumbosacral strain and sacroiliac sclerosis to include intervertebral disc syndrome from 10 to 20 percent disabling, and; (3) the increased rating for migraines from 30 to 50 percent. For the following reasons, the January 2024 rating decision which granted increased ratings effective March 14, 2022, should have instead increased the initial ratings. These three claims were filed and appealed together and the Board will address them together. The Veteran filed his original claim for service connection for a psychiatric disorder, a back disorder, and migraine headaches in February 2021, while he was on active duty service. He left active duty service on May 30, 2021, and a July 2021 rating decision granted service connection. On March 14, 2022, the Veteran requested a higher level review which was completed in April 2022. The Veteran then filed a supplemental claim in April 2023. A January 2024 rating decision increased the rating for unspecified anxiety disorder from 30 to 70 percent, for lumbosacral strain from 10 to 20 percent, and for migraines from 30 to 50 percent, with all increases effective March 14, 2022. The Veteran's appeal seeks an earlier effective date for the increases. See VA Form 10182 Notice of Disagreement, May 3, 2024 (requesting earlier effective dates for the increased ratings); see also VA Form 20-0996 Request for Higher-Level Review, January 9, 2024 (requesting the same). The Veteran has not appealed the issues of ratings higher than those granted in the January 2024 rating decision and, thus, that issue is not before the Board. The general rule regarding the assignment of effective date for an award based on an original claim for VA benefits is that the effective date shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. An exception to the general rule applies if an application for benefits is received within one year from the date of a Veteran's separation from active service, and an award is made on the basis of that application. In that limited situation, the effective date of the award is made retroactive to the day following the date of separation from service. 38 U.S.C. § 5110(b)(1); 38 C.F.R. § 3.400(b)(2). Otherwise, the effective date will be the later of the date of receipt of claim or the date entitlement arose. 38 U.S.C. § 5110; 38 C.F.R. § 3.400(b)(2). If a claim is continuously pursued, it will be considered filed as of the date of the first claim in the continuously pursued chain, as opposed to the date the most recent request for review was received. 38 C.F.R. §§ 3.400, 3.2500(c). With regard to effective dates relating to supplemental claims, 38 C.F.R. § 3.400 references 38 C.F.R. § 3.2500. That regulation provides that if a claimant continuously pursues a claim by timely filing in succession any available AMA review options, within one year of issuance of a decision, the effective date will be fixed in accordance with the date of receipt of the initial claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.2500(h)(1). If the supplemental claim is received more than one year after a decision, the effective date will be in accordance with the date entitlement arose but will not be earlier than the date of receipt of the supplemental claim. 38 C.F.R. § 3.2500(h)(2). Here, the Veteran filed his original claim during a period of active duty service; therefore, the proper effective date for this claim is the day following his separation from service, i.e. June 1, 2021. 38 U.S.C. § 5110(b)(1); 38 C.F.R. § 3.400(b)(2). It is the initial rating that is on appeal because the Veteran has continuously pursued an increased rating since the July 2021 decision which granted service connection. 38 C.F.R. §§ 3.400, 3.2500(c). The Veteran's April 2023 supplemental claim was timely filed within one year of the April 2022 rating decision; therefore, the effective date for the supplemental claim is to be June 1, 2021. A claim placed in appellate status by disagreement with the initial rating award and not yet ultimately resolved, is an original claim as opposed to a new claim for increase. Fenderson v. West, 12 Vet. App. 119, 125 (1999). The January 2024 rating decision was addressing an initial rating claim because the Veteran continuously pursued the initial rating decision from its issuance in July 2021. As such, the ratings must be increased from the initial effective date which was June 1, 2021. J. NICHOLS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Dean, 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.