Case A26038774

Summary

The Veteran, who served in the United States Army from December 2016 to December 2023, appeals the denial of an earlier effective date for the grant of service connection for lumbosacral strain, claimed as a back condition. The Veteran filed an intent to file on March 11, 2024, and the subsequent claim was received on September 25, 2024, which is within one year of the intent to file. The Board reviewed the relevant regulations concerning effective dates, including 38 U.S.C. § 5110 and 38 C.F.R. § 3.400, which govern the assignment of effective dates for granted claims and the impact of intent-to-file dates. The Veteran sought an effective date earlier than January 1, 2024. However, the Board noted that the Veteran had already been granted an effective date of January 1, 2024, corresponding to the day following separation from active service. Therefore, the Board concluded that an earlier effective date was not warranted and denied the appeal.

Rationale

Veteran sought earlier effective date for service connection of back condition.; Intent to file received March 11, 2024; claim received September 25, 2024 (within one year).; Rating decision granted effective date of January 1, 2024 (day after separation).; Board found no entitlement to an earlier effective date.

Full Decision Text

Citation Nr: A26038774
Decision Date: 04/27/26	Archive Date: 04/27/26

DOCKET NO. 250718-566405
DATE: April 27, 2026

ORDER

An effective date earlier than January 1, 2024, for entitlement to service connection for lumbosacral strain (claimed as back condition) is denied.

FINDING OF FACT

The Veteran's claim of entitlement to service connection for lumbosacral strain (claimed as back condition) was received on September 25, 2024; that is, within one year of receipt of a March 11, 2024, intent to file.  However, the Veteran's service connection claim was ultimately granted from January 1, 2024; that is, from the day following the date of separation from active service.

CONCLUSION OF LAW

The criteria for an effective date earlier than January 1, 2024, for entitlement to service connection for lumbosacral strain (claimed as back condition) have not been met.  38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.155, 3.400, 4.3.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United State Army from December 2016 to December 2023.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 5, 2025, Appeals Modernization Act (AMA) rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) of the Veterans Benefits Administration (VBA), which is the Agency of Original Jurisdiction (AOJ).  This rating decision was notified to the Veteran on March 20, 2025.

On July 18, 2025, the Veteran timely filed a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), to appeal the March 5, 2025, rating decision.  The Veteran requested the AMA direct review docket.  Accordingly, based on the Veteran's selection of the direct review docket, the Board is limited to review of the evidence in the record through and until the date of the rating decision on appeal.  See 38 U.S.C. §§ 5104C, 7105, 7113; 38 C.F.R. §§ 20.202(b), 20.301, 3.2500.

Earlier Effective Dates

The assignment of effective dates of awards is generally governed by 38 U.S.C. § 5110 and 38 C.F.R. § 3.400.

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 or claim reopened after a final disallowance the effective date is the date of receipt of the claim or the date entitlement arose, whichever is the later.  38 U.S.C. § 5110(a), (b); 38 C.F.R. § 3.400.

The manner and methods in which a claim can be initiated and filed, to include an intent to file a claim, are explained in 38 C.F.R. § 3.155.  If VA receives a complete application form prescribed by the Secretary, appropriate to the benefit sought, within 1 year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date of receipt of the intent to file a claim.  38 CFR 3.155(b). This includes an intent to file a claim for an increased rating.  That is, if an increased rating claim is received within 1 year of the intent to file a claim, VA will consider the increased rating claim filed as of the date of the intent to file a claim.  38 C.F.R. § 3.400(o)(2).

As to increases in disability, pursuant to the applicable "look back" provisions, if it is factually ascertainable that an increase in disability occurred within the one-year period prior to the date of the claim, or to the date of the intent to file a claim, the effective date can be the date the increase was shown.  38 U.S.C. § 5110(b)(3); 38 C.F.R. § 3.400(o)(2); Gaston v. Shinseki, 605 F.3d 979, 980-981 (Fed. Cir. 2010).

An effective date earlier than January 1, 2024, for entitlement to service connection for l
(o)(2).

As to increases in disability, pursuant to the applicable "look back" provisions, if it is factually ascertainable that an increase in disability occurred within the one-year period prior to the date of the claim, or to the date of the intent to file a claim, the effective date can be the date the increase was shown.  38 U.S.C. § 5110(b)(3); 38 C.F.R. § 3.400(o)(2); Gaston v. Shinseki, 605 F.3d 979, 980-981 (Fed. Cir. 2010).

An effective date earlier than January 1, 2024, for entitlement to service connection for lumbosacral strain (claimed as back condition) is denied.

The Veteran claims entitlement to an earlier effective date for the grant of service connection for lumbosacral strain (claimed as back condition).

At the outset the Board notes that VA received the Veteran's intent to file on March 11, 2024.  See March 11, 2024, VA Form 21-0966, Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC; March 12, 2024, VA Notification Letter.  Subsequently, VA received the Veteran's service connection claim on September 25, 2024; that is, within a year of receipt of the Veteran's intent to file.  The March 5, 2025, rating decision on appeal stated that the effective date of this grant was March 11, 2024.  However, as shown by the corresponding March 5, 2025, Codesheet, the Veteran's service connection claim was ultimately granted from January 1, 2024; that is, from the day following the date of separation from active service.  This effective date is also identified in the record in subsequently dated Codesheets.  

After careful consideration, the Board concludes that an earlier effective date for the Veteran's service-connected lumbosacral strain (claimed as back condition) is not warranted.  Particularly, the Veteran has already been granted an effective date corresponding to the day following the date of separation from active service.

Accordingly, an effective date earlier than January 1, 2024, for entitlement to service connection for lumbosacral strain (claimed as back condition) is denied.  

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Aquino Ramos, Carlos M.

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.