Citation Nr: A25053675 Decision Date: 06/18/25 Archive Date: 06/18/25 DOCKET NO. 220516-243263 DATE: June 18, 2025 ORDER Entitlement to an earlier effective date for service connection for laceration right thumb with transection of the flexor pollicis longus prior to November 14, 2018, is denied. FINDINGS OF FACT 1. The Veteran was initially granted service connection of right thumb scar in a January 1998 rating decision, which became final. 2. The Veteran filed a VA 21-526EZ, Fully Developed Claim (Compensation) for entitlement to service connection of "right hand, thumb and finger" on November 12, 2019, with an Intent to File (VA 21-0966) filed on November 14, 2018. CONCLUSION OF LAW The criteria for an effective date service connection for laceration right thumb with transection of the flexor pollicis longus prior to November 14, 2018, have not been met. 38 U.S.C. §§ 5110, 5107; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Army from April 1988 to September 1997. In the May 2022 Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the August 2020 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review, as well as any evidence submitted by the Veteran [or representative] with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the decision, which was subsequently subject to higher-level review and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 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. Earlier Effective Date Generally, the effective date of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be on the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. Entitlement to an earlier effective date for service connection for laceration right thumb with transection of the flexor pollicis longus prior to November 14, 2018. The Veteran claims that an earlier effective date should be assigned for his grant of service connection for laceration right thumb with transection of the flexor pollicis longus. Specifically, the Veteran contends an earlier effective date of September 13, 1997, should be assigned based on the Veteran's grant of service-connection for right thumb scar. See May 2022 Appellate Brief VSO IHP. Having carefully reviewed the evidence of record, the Board finds no basis upon which to assign an effective date earlier than November 14, 2018, for the grant of service connection for laceration right thumb with transection of the flexor pollicis longus. By way of procedural history, the Veteran initially filed a claim for service connection for right hand injury in November 1997. The Veteran was granted service connection of right thumb scar in a January 1998 rating decision. Subsequent to the grant, the Veteran did not file a timely notice of disagreement (NOD), formal or informal, or any additional evidence regarding his claim. Indeed, a close review of the claims file and record shows no correspondence from the Veteran, or his representative, regarding the grant of service connection of right thumb scar. Therefore, the January 1998 rating decision is final. The Veteran then filed a VA 21-526EZ, Fully Developed Claim (Compensation) for entitlement to service connection of "right hand, thumb and finger" on November 12, 2019, with an Intent to File (VA 21-0966) filed on November 14, 2018. The Veteran was granted service connection for laceration right thumb with transection of the flexor pollicis longus in an August 2020 rating decision and was granted a timeliness extension for his March 30, 2022, higher level review request due to the COVID pandemic. To the extent that the Veteran is arguing that he should have been granted service connection for laceration right thumb at the same time that he was granted service connection for right thumb scar, the Board again notes that the January 1998 decision is final. As such, a claim for clear and unmistakable error is necessary to revise that decision. The Board also notes that the January 1998 VA examination shows that outside of the scar, physical examination of the right thumb was normal. Therefore, the period in question for an earlier effective date for the Veteran's claim of service connection is from January 1998 to November 14, 2018. A close review of the record reveals no communication between the January 1998 rating decision and the November 14, 2018, intent to file regarding the issue of service connection for laceration right thumb with transection of the flexor pollicis longus that could be reasonably construed as a claim of entitlement to benefits, or, even, an informal notice of disagreement for the previous grant of the right-hand scar disability. Although the Board accepts that the Veteran may have suffered laceration right thumb with transection of the flexor pollicis longus pain prior to the date of receipt of his application for VA compensation in November 2018. However, the law dictates that the effective date of entitlement is the date of the receipt of the claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. Therefore, the effective date for the grant of service connection for laceration right thumb with transection of the flexor pollicis longus is appropriately November 14, 2018, the date of the Veteran's intent to file for the claims, and no earlier. Accordingly, the claim for an earlier effective date is denied. There is no doubt to resolve. 38 U.S.C. § 5107 (b). D. SMART Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R.W., 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.