Case A26040539

H. SEESEL · 2026 · Case ID: A26040539

GRANTED

Summary

The veteran, who filed intents to file on March 11, 2024, and April 1, 2024, and a claim on July 10, 2024, for hearing loss and tinnitus, later filed a supplemental claim on January 29, 2025, for PTSD, a back disability, and a skin disability. The Board reviewed the case based on the May 2025 supplemental claim decision, which had a longer evidentiary period. The veteran sought an earlier effective date for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy, contending for April 1, 2024, or July 10, 2024, instead of the January 29, 2025, effective date assigned by the agency of original jurisdiction. The Board found that the March 11, 2024, intent to file was properly associated with the July 10, 2024, claim for hearing loss and tinnitus. The April 1, 2024, intent to file was deemed ineffective as it was filed concurrently with an active intent to file and prior to the July 10, 2024, claim. However, the Board determined that an effective date of July 10, 2024, was warranted for the PTSD, lumbar strain, and left lower extremity radiculopathy claims, as the January 29, 2025, claim was filed within one year of the July 10, 2024, intent to file. The Board granted an effective date of July 10, 2024, for these three conditions.

Rationale

Intent to file on July 10, 2024, associated with claim; Claim filed within one year of intent to file

Special Benefit

NO SPECIAL BENEFIT

Docket No.

250811-573606

Full Decision Text

Citation Nr: A26040539
Decision Date: 04/30/26 Archive Date: 04/30/26

DOCKET NO. 250811-573606
DATE: April 30, 2026

ORDER

Entitlement to an effective date of July 10, 2024, for service connection for posttraumatic stress disorder (PTSD) is granted.

Entitlement to an effective date of July 10, 2024, for service connection for lumbar strain is granted.

Entitlement to an effective date of July 10, 2024, for service connection for left lower extremity radiculopathy is granted.

FINDINGS OF FACT

1. The Veteran submitted an Intent to File on March 11, 2024, and April 1, 2024, prior to filing a VA 21-526EZ, Fully Developed Claim, for service connection for hearing loss and tinnitus on July 10, 2024.

2. The Veteran next filed a VA Form 21-0966, Intent to File, on July 10, 2024, followed by a January 29, 2025, VA 21-526EZ, Fully Developed Claim, claiming service connection for PTSD, a back disability, and skin disability.

CONCLUSIONS OF LAW

1. The criteria for entitlement to an earlier effective date of July 10, 2024, but no earlier, for service connection for PTSD have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400.

2. The criteria for entitlement to an earlier effective date of July 10, 2024, but no earlier, for service connection for lumbar strain have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400.

3. The criteria for entitlement to an earlier effective date of July 10, 2024, but no earlier, for service connection for left lower extremity radiculopathy have been met. 38 U.S.C. § 5110

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The rating decision on appeal was issued in May 2025 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.

In April 2025, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of March 2025 decisions. In April 2025, the agency of original jurisdiction (AOJ) issued a HLR decision, which considered the evidence of record at the time of the prior March 2025 decision.

In May 2025, the Veteran submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, and requested readjudication of the effective date assigned for PTSD, lumbar strain, and left lower extremity radiculopathy most recently addressed the April 2025 HLR decision. In May 2025, the AOJ issued the supplemental claim decision on appeal, which denied the claim on the merits based on the evidence of record at the time of that decision.

In the August 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

The Board notes that although the Veteran listed the April 2025 rating decision as the one being appealed, those issues were subsequently decided in the May 2025 supplemental claim decision, which has a longer evidentiary period. As the Veteran's Supplemental Claim was filed within a year of the April 2025 rating decision, continuous pursuit applies and an effective date back to the original claim is permitted. By treating the May 2025 rating decision as the one on appeal, the Board may consider the evidence of record up to the May 2025 rating decision.

The Board further notes that the Veteran only listed the effective date for PTSD, lumbar strain, and left lower extremity radiculopathy the August 2025 VA Form 10182 although the April and May 2025 rating decisions also included the issues of actinic keratosis and posterior trunk scar. Therefore only those three issues are currently on appeal before the Board.

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[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions
strain, and left lower extremity radiculopathy the August 2025 VA Form 10182 although the April and May 2025 rating decisions also included the issues of actinic keratosis and posterior trunk scar. Therefore only those three issues are currently on appeal before the Board.

1. Entitlement to an earlier effective date for the evaluation of posttraumatic stress disorder

2. Entitlement to an earlier effective date for the evaluation of lumbar strain

3. Entitlement to an earlier effective date for the evaluation of radiculopathy left lower extremity

The Veteran contends that he is entitled to an earlier effective date for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy. The currently assigned effective date for all three disabilities is January 29, 2025. Specifically, the Veteran contends that the effective date should be April 1, 2024 or, alternatively, July 10, 2024.

Generally, the effective date of an evaluation and 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.

Since March 24, 2015, VA regulations have permitted claimants to submit an "intent to file a claim." An intent to file a claim must identify the general benefit sought but does not need to identify the specific benefit claimed or any medical conditions on which the claim is based. 38 C.F.R. § 3.155(b)(2). An intent to file may be submitted by a saved electronic application, a written intent on the form prescribed by the Secretary of VA, or an oral intent to file which is communicated to designated VA employee if that employee documents the date that VA received the oral intent to file a claim. 38 C.F.R. § 3.155(b)(1). If VA receives a complete application form within one year of the receipt of the intent to file, the VA will then consider the claim filed as of the date of the intent to file a claim. 38 C.F.R. § 3.155(b).

VA will not recognize more than one intent to file concurrently for the same benefit (compensation, pension). 38 C.F.R. § 3.155(b)(6). If an intent to file has not been followed by a complete claim, a subsequent intent to file regarding the same benefit received within 1 year of the prior intent to file will have no effect. Id. In other words, a Veteran may only have one active intent to file for compensation purposes at a time, and it will be associated with the next compensation claim received. Id. If, however, VA received an intent to file followed by a complete claim and later another intent to file for the same benefit is submitted within 1 year of the previous intent to file, VA will recognize the subsequent intent to file to establish an effective date for any award granted for the next complete claim, provided it is received within one year of the subsequent intent to file. Id.

Here, the record reflects that the Veteran filed an intent to file on March 11, 2024, followed by a second intent to file on April 1, 2024. He then filed a claim for service connection for hearing loss and tinnitus on July 10, 2024. The AOJ properly associated the March 11, 2024 intent to file with the Veteran's July 10, 2024 claim.

As a complete claim was note received between the March 11, 2024, and April 1, 2024, intents to file and there may not be more than one active intent to file at a time, the April 1, 2024 intent to file has no effect. It may not be associated with any claim as it was filed concurrently with the March 11, 2024 intent to file prior to the July 10, 2024 claim. Therefore, the Board finds that April 1, 2024 is not a proper effective date for the claims currently on appeal.

However, the Board does find that an effective date of July 10, 2024, is warranted. In addition to filing a service connection claim on that date, the Veteran also
11, 2024, and April 1, 2024, intents to file and there may not be more than one active intent to file at a time, the April 1, 2024 intent to file has no effect. It may not be associated with any claim as it was filed concurrently with the March 11, 2024 intent to file prior to the July 10, 2024 claim. Therefore, the Board finds that April 1, 2024 is not a proper effective date for the claims currently on appeal.

However, the Board does find that an effective date of July 10, 2024, is warranted. In addition to filing a service connection claim on that date, the Veteran also filed an intent to file. The Board cannot determine whether the claim or the intent to file was received first.

However, the Board notes that if an intent to file submitted on the same day as a claim is associated with that same claim, then the intent to file becomes superfluous and provides no benefit to the Veteran. This interpretation defeats the purpose of an intent to file. An intent to file is an "intent," expressed either verbally or through a document, to submit a future claim. The only reasonable interpretation when a Veteran deliberately submits both a claim and intent to file on the same day, would be that there remains at least one contention for which the Veteran has not yet submitted a claim, and that his intent to file is meant to act as a placeholder for whatever contentions were not included in the claim. Which is to say that if an intent to file and a claim are submitted the same day, the claim must have come before the intent to file, leaving the intent to file active to associate with the next claim received.

On January 29, 2025, the Veteran filed the claim currently on appeal for a psychiatric condition, back condition, and skin condition. Service connection for PTSD was granted in a March 2205 rating decision. A March 2025 rating decision granted, in part, service connection for left lower extremity radiculopathy and lumbar strain. A January 29, 2025 effective date for service connection was set for all disabilities.

As the January 2025 rating decision was filed within a year of the July 10, 2024, intent to file, the Board finds that July 10, 2024, is the proper effective date.

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Based on the foregoing, an effective date of July 10, 2024, but no earlier, is granted for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board A. Christensen

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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