Back to BVA DecisionsGRANTEDSpecial Benefit NO SPECIAL BENEFIT Docket No. 260106-620207
Case A26040744
MICHAEL J. SKALTSOUNIS · 2026 · Case ID: A26040744
Summary
The Veteran, who served on active duty from September 1982 to September 2012, appeals the assigned effective date for the grant of service connection for bilateral hip articular cartilage disorders. The Veteran initially filed an intent to file on July 27, 2022, and subsequently submitted a formal claim application on June 29, 2023. The Board reviewed the relevant regulations concerning claim validity and effective dates, particularly those applicable to claims filed after March 24, 2015. The Board noted that the Veteran's intent to file was received by the VA on July 27, 2022. The formal claim application was received by the VA on June 29, 2023. The Board found that the June 2023 application was a valid claim under 38 C.F.R. § 3.155 and was submitted within the one-year period following the July 2022 intent to file. Consequently, the Board granted entitlement to an effective date of July 27, 2022, but not earlier, for both the left and right hip articular cartilage disorders. The decision specifically addressed the criteria for establishing an effective date based on the timing of the intent to file and the subsequent formal claim.
Rationale
Intent to file received July 27, 2022; Formal claim received June 29, 2023; Claim filed within one year of intent to file
Full Decision Text
Citation Nr: A26040744 Decision Date: 04/30/26 Archive Date: 04/30/26 DOCKET NO. 260106-620207 DATE: April 30, 2026 ORDER Entitlement to an effective date of July 27, 2022, but not earlier, for the grant of service connection for a left hip articular cartilage disorder, is granted, subject to the law and regulations governing the payment of monetary benefits. Entitlement to an effective date of July 27, 2022, but not earlier, for the grant of service connection for a right hip articular cartilage disorder, is granted, subject to the law and regulations governing the payment of monetary benefits. FINDINGS OF FACT 1. The Veteran first communicated that he wished to file a claim for service connection in an intent to file that was received by VA on July 27, 2022, and preserved this effective date for his claim for service connection for a left hip articular cartilage disorder as a result of a subsequent claim that was sent to the Department of Veterans Affairs (VA) on June 29, 2023. 2. The Veteran first communicated that he wished to file a claim for service connection in an intent to file that was received by VA on July 27, 2022, and preserved this effective date for his claim for service connection for a right hip articular cartilage disorder as a result of a subsequent claim that was sent to the Department of Veterans Affairs (VA) on June 29, 2023. CONCLUSIONS OF LAW 1. The criteria for an effective date of July 27, 2022, but not earlier, for the grant of service connection for a left hip articular cartilage disorder are met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.102, 3.151, 3.155, 3.160, 3.400. 2. The criteria for an effective date of July 27, 2022, but not earlier, for the grant of service connection for a right hip articular cartilage disorder are met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.102, 3.151, 3.155, 3.160, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1982 to September 2012. The rating decision on appeal was issued in January 2025. In January 2026, the Veteran elected the modernized review system. 84 Fed. Reg. 138, 177 (Jan. 18, 2019) (codified at 38 C.F.R. § 19.2(d)). The Veteran elected the Evidence Submission lane when submitting the January 2026 election form in. On January 2026, the Veteran submitted a brief supporting his argument, and requesting an earlier effective date of July 27, 2022, for the grant of service connection for the subject claims. Accordingly, the Board will consider this evidence, and the evidence of record as of the January 2025 rating decision. Effective Date Generally, the effective date of an award based on an original claim 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. For VA compensation purposes, a "claim" is defined as "a written communication requesting a determination of entitlement or evidencing a belief in entitlement, to a specific benefit under the laws administered by the Department of Veterans Affairs submitted on an application form prescribed by the Secretary." 38 C.F.R. § 3.1(p). Effective March 24, 2015, VA amended its regulations so that all claims, in order to be valid, must be submitted on a form prescribed by the Secretary. 38 C.F.R. § 20.201; 79 Fed. Reg. 57660, 57696 (Sept. 25, 2014) (eff. Mar. 24, 2015). Prior to this date, claimants could submit a claim for VA benefits in any form as long as it was in writing. This amendment applies to claims or appeals filed on or after March 24, 2015. Id. at 57,686. A communication indicating a desire to file for benefits that does not meet the standards of a complete claim is considered a request for an application for benefits. The amendments also implement the concept of an intent to file a claim for benefits, . 38 C.F.R. § 20.201; 79 Fed. Reg. 57660, 57696 (Sept. 25, 2014) (eff. Mar. 24, 2015). Prior to this date, claimants could submit a claim for VA benefits in any form as long as it was in writing. This amendment applies to claims or appeals filed on or after March 24, 2015. Id. at 57,686. A communication indicating a desire to file for benefits that does not meet the standards of a complete claim is considered a request for an application for benefits. The amendments also implement the concept of an intent to file a claim for benefits, which operates similarly to the informal claim process, but requires that the submission establishing a claimant's effective date of benefits must be received in one of three specified formats. The amendments also eliminate the constructive receipt of VA reports of hospitalization or examination and other medical records as informal claims under 38 C.F.R. § 3.157. 79 Fed. Reg. 57,660 (Sept. 25, 2014) (codified at 38 C.F.R. §§ 3.1(p), 3.151, 3.155). As a matter of law, the effective date of a disability compensation based on an original claim will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110(b)(1); 38 C.F.R. § 3.400(b)(2). The exception to this rule is when a claim is received within one year after separation from service. If a claim is received within one year after separation from service, the effective date is the day following separation from active service. 38 C.F.R. § 3.400(b)(2). To preserve an effective date, an intent to file a claim may be submitted to VA. 38 C.F.R. § 3.155(b). Upon receipt of the intent to file a claim, VA will furnish the claimant with the appropriate application form prescribed by the Secretary. If VA receives a complete application form prescribed by the Secretary, appropriate to the benefit sought within one-year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received. 38 C.F.R. § 3.155(b). 1. Entitlement to an effective date prior to June 29, 2023, for service connection for a left hip articular cartilage disorder 2. Entitlement to an effective date prior to June 29, 2023, for service connection for a right hip articular cartilage disorder The Veteran and his attorney contend that the effective date of the grants of service connection for bilateral hip articular cartilage disorder should be earlier than the effective date currently assigned for this award, which is June 29, 2023. In the instant case, the Veteran signed his VA Form 21-0966 Intent to File on July 27, 2022, and it was received by the VA later that same day. Subsequently, the Veteran signed a VA Form 21-526EZ Application for Disability Compensation on June 29, 2023, and it was received by the VA on June 29, 2023. As this claim was submitted originally filed after March 24, 2015, the new regulations governing what constitutes a valid claim for benefits apply in this case. The Board finds that within one year of his intent to file in July 2022, the Veteran submitted a formal claim form prescribed by VA, which was accepted by the RO in June 2023. In summary, the Board finds that in June 2023, the VA Form 21-526EZ Claim for Compensation was an appropriate application for benefits within the meaning of 38 C.F.R. § 3.155 and was accepted within the one-year period after the Veteran submitted his VA Form 21-0966 Intent to File on July 27, 2022. As such, the Board finds that the Veteran is entitled to an effective date of July 27, 2022, but not earlier, for the grant of service connection for his bilateral hip articular cartilage disorder. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.R. Montalvo, 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. 0966 Intent to File on July 27, 2022. As such, the Board finds that the Veteran is entitled to an effective date of July 27, 2022, but not earlier, for the grant of service connection for his bilateral hip articular cartilage disorder. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.R. Montalvo, 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.