Case A26039028

K. CONNER · 2026 · Case ID: A26039028

GRANTED

Summary

The Veteran, an Air Force Veteran who served from August 2002 to September 2009, appeals the effective date of service connection for a low back disability. The Veteran's initial claim for service connection for a low back condition was denied in June 2010, and this decision became final as no appeal was filed within one year. The Veteran filed subsequent claims in September 2013 and January 2022, which were also denied by the RO in February 2022. The Veteran did not exercise review options for the February 2022 decision within the one-year period, making that decision final. The Veteran filed a supplemental claim on May 13, 2024, which was initially incomplete. After notification, a completed claim was received on July 13, 2024, within the one-year period from the incomplete claim. The Board found that the completed claim was properly filed as of May 13, 2024. The Board granted service connection for the low back disability effective May 13, 2024, as this was the date of the properly filed claim, and entitlement arose prior to that date. The Board denied the Veteran's request for an earlier effective date, as prior claims were either denied and became final, or were not continuously pursued.

Rationale

Supplemental claim filed May 13, 2024, considered filed as of that date.; Entitlement arose prior to May 13, 2024.; Effective date of May 13, 2024, granted.

Service Branch

AIR FORCE

Special Benefit

NO SPECIAL BENEFIT

Docket No.

250202-515962

Full Decision Text

Citation Nr: A26039028
Decision Date: 04/27/26 Archive Date: 04/27/26

DOCKET NO. 250202-515962
DATE: April 27, 2026

ORDER

An effective date of May 13, 2024, but no earlier, for the award of service connection for intervertebral disc syndrome (IVDS), degenerative disc disease, and disc herniation of the lumbar spine (low back disability) is granted.

FINDING OF FACT

1. The Veteran's original February 2010 claim of service connection for a low back disability was denied in a June 2010 rating decision. Although the Veteran was duly notified of the decision and her appellate rights in a February 2010 letter, she did not initiate an appeal of that decision nor was new and material evidence received within one year.

2. The Veteran's September 2013 and January 2022 claims of service connection for a low back disability were denied in a February 2022 rating decision. Although the Veteran was duly notified of the decision and her review options in a February 2022 letter, she did not exercise any of the available review options within one year.

3. On May 13, 2024, the Veteran filed an incomplete supplemental claim for service connection for a low back disability.

4. Upon notified by VA that her claim was incomplete, on July 13, 2024, the Veteran submitted a completed supplemental claim.

CONCLUSION OF LAW

The criteria for an effective date of May 13, 2024, for the grant of service connection for a low back disability are met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400, 3.2500.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from August 2002 to September 2009.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2024 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), the Agency of Original Jurisdiction (AOJ), which, in pertinent part, granted service connection for intervertebral disc syndrome, degenerative disc disease, and disc herniation of the lumbar spine effective July 13, 2024.

In February 2025, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), on which she identified the November 2024 AOJ decision, the issue as the effective date of the award of service connection, and elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the November 2024 AOJ 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, she 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.

Effective Date

At the time of the decision awarding service connection for a low back disability, the law provided that, except as otherwise provided, the effective date of an award of compensation based on an initial claim or supplemental claim will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400.

A veteran "may continuously pursue a claim or an issue by timely and properly filing [an enumerated] administrative review [option]" following issuance of a decision by a Regional Office, the Board, or the Court of Appeals for Veterans Claims. 38 C.F.R. § 3.2500(c), (h). An effective date will be preserved if a veteran files for administrative review within one year of any decision. 38 C.F.R. § 3.2500(h).

1. Entitlement to an effective date earlier than July 13, 2024, for the grant of service connection for a low back disability.

The Veteran seeks an effective date earlier than July 13, 2024, for the award of service connection for her service-connected low back disability
by timely and properly filing [an enumerated] administrative review [option]" following issuance of a decision by a Regional Office, the Board, or the Court of Appeals for Veterans Claims. 38 C.F.R. § 3.2500(c), (h). An effective date will be preserved if a veteran files for administrative review within one year of any decision. 38 C.F.R. § 3.2500(h).

1. Entitlement to an effective date earlier than July 13, 2024, for the grant of service connection for a low back disability.

The Veteran seeks an effective date earlier than July 13, 2024, for the award of service connection for her service-connected low back disability. Neither she nor her attorney has provided any argument in support of the appeal.

The record on appeal reflects that in February 2010, the Veteran submitted an original application for VA compensation benefits on which she sought service connection for multiple disabilities, including a low back disability claimed as lumbago. See VA 21-526, Veteran's Application for Compensation and/or Pension, received February 4, 2010.

In a June 2010 rating decision, the RO, in pertinent part, denied service connection for lumbago, finding that although the Veteran's service treatment records documented treatment for lumbago, in May 2010, a VA examiner indicated that examination showed no objective evidence of a current low back disability.

The Veteran was notified of the RO's decision and her appellate rights in a June 2010 letter. The Veteran, however, did not initiate an appeal nor was new and material evidence received within one year. Neither the Veteran nor her attorney has contended otherwise. Thus, the June 2010 rating decision is final and not subject to revision on the same factual basis. 38 U.S.C. § 7105(d)(3); Bond v. Shinseki, 659 F.3d 1362 (Fed. Cir. 2011); 38 C.F.R. §§ 3.104, 3.156(a)-(b), 20.302, 20.1103.

On September 9, 2013, VA received a VA Form 21-4138, Statement in Support of Claim, from the Veteran on which she indicated that her back pain now had a diagnosis and that she was requesting that a new claim be opened. The record contains no indication that the RO took any immediate action in response to this statement.

On January 7, 2022, VA received a VA Form 20-0995, Decision Review Request: Supplemental Claim, from the Veteran on which she sought review of the June 2010 rating decision denying service connection for lumbago. She indicated that she was now claiming degenerative disc disease of the lumbar spine.

In a February 2022 rating decision, the RO readjudicated and denied the claim of service connection for a low back disability. The Veteran was notified of the RO's decision and her review options in a February 2022 letter, but she did not exercise any of those review options within one year. Neither the Veteran nor her attorney has argued otherwise.

On May 13, 2024, the Veteran again filed a supplemental claim seeking service connection for a low back disability.

In a July 2024 letter, the RO notified the Veteran that her supplemental claim was incomplete and that she needed to submit or identify new and relevant evidence. The letter further informed her that

If we receive your completed application within one year from the date we received your incomplete application, we will consider your claim filed as of the date of receipt of your incomplete application. If we receive your completed application more than one year from the date we received your incomplete application, we will consider your claim filed as of the date of receipt of the completed application.

On July 13, 2024, VA received another supplemental claim from the Veteran on which she again sought service connection for a low back disability. Accompanying her claim was additional medical evidence showing treatment for a low back disability.

In the introduction portion of the November 2024 rating decision on appeal, the RO noted that it had received the Veteran's supplemental claim on May 13, 2024. In the body of the rating decision, however, the RO granted service connection for the Veteran's low back disability effective July 13, 2024, stating that "[s]ervice connection has been established from the day VA received your claim."

After a review of the record, the Board finds that an effective date of May 13, 2024, but no earlier, for the award of service connection for a low back disability is warranted.

As set forth above, the effective date of an award of compensation is
for a low back disability.

After a review of the record, the Board finds that an effective date of May 13, 2024, but no earlier, for the award of service connection for a low back disability is warranted.

As set forth above, the effective date of an award of compensation is the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400.

The Veteran's original claim of service connection for a low back disability was received by VA in February 2010. That claim, however, was denied in the final June 2010 rating decision. Thus, it cannot serve as a basis upon which to award an earlier effective date.

The Veteran next filed an informal claim of service connection for a low back disability in September 2013. Although the RO failed to adjudicate this claim at the time it was received, as set forth above, the RO denied the Veteran's subsequent January 2022 claim for service connection for a low back disability, the same benefit, in a February 2022 rating decision. Thus, the February 2022 decision provided sufficient notice to the Veteran that the September 2013 pending claim had been resolved, as well as the January 2022 claim, both of which sought service connection for a low back disability. Jones v. Shinseki, 619 F.3d 1368, 1372 (Fed. Cir. 2010) (discussing Adams v. Shinseki, 568 F.3d 956 956 (Fed. Cir. 2009) and Williams v. Peake, 521 F.3d 1348 (Fed. Cir. 2008) and holding that a pending claim for benefits can be resolved by a later adjudication of an identical or related claim because the later decision provides sufficient notice to the claimant that the pending claim has finally been resolved).

The Veteran, however, did not exercise any of the available review options within one year of notification of the February 2022 rating decision. Thus, neither the September 2013 or January 2022 claims can serve as a basis upon which to award an earlier effective date as the claims were not continuously pursued.

The record next reflects that the Veteran filed a supplemental claim on May 13, 2024. Although the RO notified the Veteran that the claim was incomplete, she subsequently submitted a completed claim on July 13, 2024, within one year of the incomplete May 2024 claim. Therefore, the complete claim is considered filed as of the date of receipt of the incomplete application. 38 C.F.R. § 3.155(c). Accordingly, the Board finds that the date of the claim in this case is May 13, 2024. The record in this case reflects that the Veteran's entitlement arose prior to that date. Thus, the Board finds that an effective date of May 13, 2024, and no earlier, for the award of service connection for the Veteran's low back disability is warranted. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400.

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Rasul, H.

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.

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