Case A26040898

Summary

The veteran, who served with multiple periods of service between July 2004 and June 2019, appeals the denial of an earlier effective date for service connection for three knee conditions: patellofemoral pain syndrome, left knee; right knee strain with instability (limitation of flexion); and right knee strain with instability (impairment of the knee). The veteran filed an intent to file on December 30, 2022, followed by a fully developed claim on January 4, 2023, for a bilateral knee condition. The Board reviewed the procedural history, noting that the veteran continuously pursued the claim through supplemental claims and notices of disagreement within the required one-year timeframe. The Board found that the criteria for entitlement to an earlier effective date of December 30, 2022, but no earlier, were met for all three claimed knee conditions. Consequently, the Board granted the earlier effective date for each condition as requested by the veteran.

Rationale

Continuous pursuit of claim established; Criteria for earlier effective date met

Full Decision Text

Citation Nr: A26040898
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 250401-533976
DATE: April 30, 2026

ORDER

Entitlement to an earlier effective date of December 30, 2022, but no earlier, for patellofemoral pain syndrome, left knee with a 10 percent evaluation is granted.

Entitlement to an earlier effective date of December 30, 2022, but no earlier, for right knee strain with instability (limitation of flexion) with a 10 percent evaluation is granted.

Entitlement to an earlier effective date of December 30, 2022, but no earlier, for right knee strain with instability (impairment of the knee) with a 10 percent evaluation is granted.

FINDINGS OF FACT

1. The Veteran submitted an intent to file letter on December 30, 2022, followed by a VA 21-526EZ, Fully Developed Claim form on January 1, 2023, for service connection for patellofemoral pain syndrome, left knee previously claimed as bilateral knee condition and the Veteran continuously pursued the claim since.

2. The Veteran submitted an intent to file letter on December 30, 2022, followed by a VA 21-526EZ, Fully Developed Claim form on January 1, 2023, for service connection for right knee strain with instability (limitation of flexion) previously claimed as bilateral knee condition and the Veteran continuously pursued the claim since.

3. The Veteran submitted an intent to file letter on December 30, 2022, followed by a VA 21-526EZ, Fully Developed Claim form on January 1, 2023, for service connection for right knee strain with instability (impairment of the knee) previously claimed as bilateral knee condition and the Veteran continuously pursued the claim since.

CONCLUSIONS OF LAW

1. The criteria for entitlement to an earlier effective date of December 30, 2022, but no sooner, for service connection patellofemoral pain syndrome, left knee have been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.155, 3.156, 3.400, 20.302, 20.1103.

2. The criteria for entitlement to an earlier effective date of December 30, 2022, but no sooner, for service connection for right knee strain with instability (limitation of flexion) have been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.155, 3.156, 3.400, 20.302, 20.1103.

3. The criteria for entitlement to an earlier effective date of December 30, 2022, but no sooner, for service connection for right knee strain with instability (impairment of the knee) have been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.155, 3.156, 3.400, 20.302, 20.1103.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Veteran served on active duty from July 2004 to September 2005, from September 2008 to November 2009, from January 2010 to January 2012, from April 2013 to September 2014 and from May 2018 to June 2019.

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

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

Therefore, the Board may only consider the evidence of record at the time of the March 2025 and January 2025 agency of original jurisdiction (AOJ) decisions 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, 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
, the Board may only consider the evidence of record at the time of the March 2025 and January 2025 agency of original jurisdiction (AOJ) decisions 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, 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 claims, 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

The effective date of an award of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase is either the day following separation from active service, or the date entitlement arose if the claim is received within one year after separation from service; otherwise, it will be the date of receipt of the claim or date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400 (b).

A "claim" is a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. See 38 C.F.R. § 3.1(p). "Date of receipt" of a claim, information, or evidence means the date on which a claim, information, or evidence was received by VA. See 38 C.F.R. § 3.1(r).

Any documented communication from, or action by, a Veteran indicating intent to apply for a benefit under laws administered by VA may be considered an informal claim. See 38 C.F.R. § 3.155(b). To determine when a claim was received, the Board must review all communications in the claims file that may be construed as an application or claim. See Quarles v. Derwinski, 3 Vet. App. 129, 134 (1992).

A claim date may be maintained by continuously pursuing a claim or issue via supplemental claim, request for higher-level review (HLR), appeal to the Board, or appeal to the United States Court of Appeals for Veterans Claims (CAVC), provided such options are timely exercised within one year of the issuance of the decision. 38 C.F.R. § 3.2500. For supplemental claims received more than one year after the date on which the AOJ issues notice of a decision, the effective date will not be earlier than the date of receipt of the supplemental claim. 38 C.F.R. § 3.2500(h)(2).

History of Claims

Before turning to the merits of this case, a review of the procedural history is instructive. Veteran filed an intent to file letter on December 30, 2022, followed by a January 4, 2023, VA 21-526EZ, Fully Developed Claim, for a bilateral knee claim. 

In a June 2023, the AOJ deferred the Veteran's bilateral knee claim and was followed by a September 2023 Rating Decision which denied his claim.

Veteran filed a December 2023 VA Form 20-0995 Supplemental Claim application and resulted in another deferred decision regarding his claims. The AOJ would deny the Veteran's claims in a April 2024 Rating Decision.

Veteran filed a January 2025 VA 21-4138 Statement in Support of Claim and a VA Form 20-0995 Supplemental Claim Application which resulted in the March 2025 Rating Decision denying his claim.

1. Earlier effective date for service connection for patellofemoral pain syndrome, left knee.

2. Earlier effective date for service connection for right knee strain with instability (limitation of flexion).

3. Earlier effective date for service connection for right knee strain with instability (impairment of the knee).

The Veteran maintains that he is entitled to an earlier effective date for the grant of service connection for patellofemoral pain syndrome, left knee, right knee strain with instability (limitation of flexion) and right knee strain with instability (impairment of the knee). See April 2025 VA Form 10182, Notice of Disagreement.

Turning to the evidence, the Veteran submitted intent to file letter in December 30, 2022, followed by a January 4, 2023, VA 21-526EZ, Fully Developed Claim, for a bilateral knee claim. As demonstrated above in the history of the claim, the
 for service connection for right knee strain with instability (impairment of the knee).

The Veteran maintains that he is entitled to an earlier effective date for the grant of service connection for patellofemoral pain syndrome, left knee, right knee strain with instability (limitation of flexion) and right knee strain with instability (impairment of the knee). See April 2025 VA Form 10182, Notice of Disagreement.

Turning to the evidence, the Veteran submitted intent to file letter in December 30, 2022, followed by a January 4, 2023, VA 21-526EZ, Fully Developed Claim, for a bilateral knee claim. As demonstrated above in the history of the claim, the Veteran continuously pursued his claim or issue via supplemental claim, request for higher-level review (HLR), or Notice of Disagreement by timely filing a response within one year of the issuance of any decisions. 38 C.F.R. § 3.2500.

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Based on the foregoing the Board finds continuous pursuit is established. Therefore, entitlement to an earlier effective date of December 30, 2022, but no earlier, for service connection for patellofemoral pain syndrome, left knee, right knee strain with instability (limitation of flexion) and right knee strain with instability (impairment of the knee) is granted. This is the date sought by the Veteran.

 

 

JIMMY L. BARDIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Martinezorta, Rafael

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.