Entitlement to an effective date earlier than January 21, 2025, for service connection for left knee degenerative arthritis, post traumatic, is denied.

Citation Nr: A26069955 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 251223-625520 DATE: July 30, 2026 ORDER Entitlement to an effective date earlier than January 21, 2025, for service connection for left knee degenerative arthritis, post traumatic, is denied. REMANDED Entitlement to an initial disability rating in excess of 10 percent for service-connected left knee degenerative arthritis is remanded. FINDING OF FACT 1. The Veteran's claim for service connection for a left knee disability was subject to a final, unappealed July 2004 rating decision. 2. The Veteran's supplemental claim for service connection for left knee degenerative arthritis was filed on January 21, 2025, via a Department of Veterans Affairs (VA) Form 20-0995, and the claim cannot be associated with any previously submitted intent to file. CONCLUSION OF LAW The criteria for entitlement to an effective date earlier than January 21, 2025, for the award of service connection for left knee degenerative arthritis have not been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.155, 3.156, 3.157, 3.159, 3.160, 3.400, 3.2500. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1965 to May 1966. This case comes before the Board of Veterans' Appeals (Board) on appeal from an October 2025 and a November 2025 rating decision of a VA Regional Office (RO). In the December 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On April 7, 2026, the Veteran withdrew the hearing request. Therefore, the Board may only consider the evidence of record at the time of the October 2025 and November 2025 agency of original jurisdiction (AOJ) decisions on appeal, as well as any evidence submitted by the Veteran or his representative within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 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 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. However, because the Board is remanding the claims of entitlement to an initial increased rating for left knee degenerative arthritis, any evidence the Board could not consider will be considered by the AOJ in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii). Earlier Effective Date - Left Knee Degenerative Arthritis The Veteran, through his representatives, contends that he is entitled to an earlier effective date for the award of service connection for his left knee degenerative arthritis. See, e.g., December VA Form 10182, April 2026 Attorney Correspondence. Specifically, the Veteran's representatives argue that the Veteran's January 2025 supplemental claim is subject to an April 2024 VA Form 21-0966, Intent to File (hereinafter "intent to file"), warranting an earlier effective date from the date VA received such intent to file. This argument is without legal merit. Unless otherwise provided, the effective date for an award of compensation for service-connected disability shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. The effective date will be the date of receipt of the claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. The date of receipt of a claim is the date on which the claim is received by VA. 38 C.F.R. § 3.1(r). Pursuant to 38 C.F.R. § 3.155(b), a claimant may indicate their desire to file a claim for benefits by submitting an intent to file a claim (VA Form 21-0966, Intent to File). 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, as defined in paragraph (a) of § 3.160, 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 the intent to file a claim was received. Under 38 C.F.R. § 3.2500(h)(1), the effective date will be fixed in accordance with the date of receipt of the initial claim or date entitlement arose, whichever is later, if a claimant continuously pursues an issue by timely filing in succession any of the available review options as specified in 38 C.F.R. § 3.2500(c) within one year of the issuance of the decision. Under 38 C.F.R. § 3.2500(c), a claimant may continuously pursue a claim after notice of a decision on an initial claim or supplemental claim by timely and properly filing a supplemental claim, requesting higher-level review, or appealing to the Board of Veterans' Appeals. After notice of a decision on a higher-level review, the claimant may file a supplemental claim or appeal to the Board of Veterans' Appeals. After notice of a decision on an appeal to the Board of Veterans' Appeals, the claimant may file a supplemental claim or file a notice of appeal to the Court of Appeals for Veterans Claims. After a decision on an appeal to the Court of Appeals for Veterans Claims, the claimant may file a supplemental claim. Pursuant to 38 C.F.R. § 3.2500(h)(2), if a supplemental claim is received more than one year after the date on which the agency of original jurisdiction issues notice of a decision or the Board of Veterans' Appeals issued a notice of a decision, the effective date will be fixed in accordance with the date entitlement arose, but will not be earlier than the date of receipt of the supplemental claim. By way of history, the Veteran was previously denied service connection for a left knee disability in a July 2004 rating decision. The Veteran did not appeal such rating decision and new and material evidence was not received within a year of that decision. Accordingly, the July 2004 rating decision became final upon expiry of the applicable appeal window. On January 21, 2025, VA received the Veteran's VA Form 20-0995, Decision Review Request: Supplemental Claim, seeking service connection for left knee degenerative arthritis. Consequently, the earliest possible effective date for service connection for the Veteran's left knee disability is January 21, 2025. See 38 C.F.R. § 3.2500(h)(2). As noted above, the Veteran's representative argues that, within one (1) year prior to the January 21, 2025, VA Form 20-0995, he filed a VA Form 21-0966, Intent to File. This is correct. The representative further argues that, therefore, the effective date should be the date of the intent to file (i.e., April 16, 2024), pursuant to 38 C.F.R. § 3.155(b). This argument fails because the January 2025 supplemental claim was not the first completed application received by VA from the Veteran subsequent to the April 2024 intent to file. On January 10, 2025, the Veteran filed a VA Form 21-526EZ seeking service connection for a right knee disability, which was then subject to an April 2025 rating decision. Importantly, 38 C.F.R. § 3.155(d)(1)(ii) specifically provides: Only one complete claim for a benefit (e.g., compensation, pension) may be associated with each intent to file a claim for that benefit, though multiple issues may be contained within a complete claim. In the event multiple complete claims for a benefit are filed within 1 year of an intent to file a claim for that benefit, only the first claim filed will be associated with the intent to file a claim. (emphasis added). By the plain language of the regulation, only the first claim filed after the April 16, 2024, intent to file could be associated with that intent to file. Here, that is the January 2025, VA Form 21-526EZ seeking entitlement to service connection for a right knee disability. Based on the foregoing, the Board finds the evidence is not in approximate balance, but is persuasively against the claim. Therefore, there is not reasonable doubt to be resolved in favor of the Veteran. 38 C.F.R. §§ 3.102, 3.310. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). Accordingly, an effective date earlier than January 21, 2025, for service connection for left knee degenerative arthritis is not warranted. REASONS FOR REMAND Increased Rating - Left Knee Degenerative Arthritis The Veteran contends that his service-connected left knee degenerative arthritis warrants an initial rating higher than that currently assigned. The Veteran was afforded a VA examination in November 2025. During the examination, the Veteran reported that he had flare-ups of his left knee and that his left knee intermittently "gave out." The Veteran also reported increased pain and/or strain when the Veteran completed pulling or twisting actions. He further stated that he intermittently used a cane. Despite the Veteran's reports, the examiner indicated that the Veteran did not have flare-ups and did not have increased functional loss after repeated use. Thus, the examiner only provided range of motion measurements for active range of motion. The Board finds that the November 2025 VA examination is inadequate for adjudication purposes. In this regard, the examiner ignored the Veteran's reports regarding his pain and other symptomatology. Miller v. Wilkie, 32 Vet. App. 249 (2020). As a result, the examiner did not provide range of motion estimations during flare-ups and/or after repeated use over time, which is the essential criteria for rating the Veteran's disability. Sharp v. Shulkin, 29 Vet. App. 26 (2017). The AOJ's failure to obtain an adequate examination prior to rendering the rating decision on appeal constitutes a pre-decisional duty to assist error requiring corrective action. Barr v. Nicholson, 21 Vet. App. 303 (2007). Accordingly, remand is warranted. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an examiner with sufficient expertise to determine the current level of severity of all impairment resulting from his service-connected left knee disability. The claims file must be made available to and reviewed by the examiner. All indicated tests and studies must be performed and all findings should be reported in detail. Based on the examination results and review of the record, the examiner must provide all information required for rating purposes, to specifically include a full description of the functional impact of such service-connected disability on the Veteran's ordinary activity and findings consistent with the decisions in Correia v. McDonald, 28 Vet. App. 158 (2016) and Sharp v. Shulkin, 29 Vet. App. 26 (2017). Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Davis, Alexandra J. 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.