BVA9502172 DOCKET NO. 93-07 381 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUE Entitlement to an earlier effective date for an award of service connection for residuals of a fracture of the left ankle. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Milo H. Hawley, Counsel INTRODUCTION The veteran had active duty for training from February 1967 to August 1967 and active service from December 1971 to May 1973. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 1992 decision by the Department of Veterans Affairs (VA) Regional Office in Lincoln, Nebraska (RO), which denied an effective date prior to July 6, 1988, for service connection for residuals of a fracture of the left ankle. In December 1993 the Board remanded the appeal. Subsequent to that remand the RO granted an earlier effective date of February 4, 1982, for an award of service connection for residuals of a fracture of the left ankle, the date the veteran filed his initial application for service-connected disability. CONTENTIONS OF APPELLANT ON APPEAL It is contended that the effective date for the grant of service connection for residuals of a fracture of the left ankle should be immediately following the veteran's discharge from active service. It is asserted that the left ankle was fractured during active service with continuous residual disability thereafter. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that a preponderance of the evidence is against an effective date prior to February 4, 1982, for residuals of a fracture of the left ankle. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. The veteran was discharged from active service in May 1973. 3. He initiated his claim for service connection for residuals of a fracture of the left ankle by submitting a formal application on February 4, 1982. 4. By rating decision in April 1994, service connection for residuals of a fracture of the left ankle was granted, effective February 4, 1982, with the assignment of a 10 percent rating. CONCLUSION OF LAW The veteran is not entitled to an effective date prior to February 4, 1982, for service connection for residuals of a fracture of the left ankle. 38 C.F.R. § 3.400(b)(2) (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107. We are satisfied that all relevant facts have been properly developed and that no further assistance is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107. The governing regulation provides that the effective date for an award of disability compensation based upon direct service connection is the date following separation from active service or the date entitlement arose if a claim is received within one year after service separation; otherwise, the effective date will be the date of receipt of the claim or date entitlement arose, whichever is later. 38 C.F.R. § 3.400(b)(2). When the veteran's claim for an earlier effective date was initiated, the effective date for service connection for residuals of a fracture of the left ankle had been established as July 6, 1988. In the veteran's initial claim he requested service connection from the date of his discharge in May 1973. Because the veteran had filed a formal application on February 4, 1982, the possibility of an earlier effective date existed and the Board remanded the appeal for further consideration by the RO. By rating decision in April 1994 the RO granted service connection for residuals of a fracture of the left ankle from February 4, 1982, the date the veteran first submitted an application for VA benefits. With respect to a grant of service connection prior to February 4, 1982, the governing regulation is clear. Benefits may not be awarded without formal claims being filed. Since the record reflects, and there is no contention to the contrary, that a claim was not presented within the first year following discharge, the earliest effective date which may be assigned is February 4, 1982, the date the veteran submitted his first application for service connection for residuals of a fracture of the left ankle. Governing law and regulations are clear as to the effective date of service connection for disabilities. On the basis of the record on appeal an earlier effective date for service connection for residuals of a fracture of the left ankle may not be established. ORDER Entitlement to an effective date prior to February 4, 1982, for service connection for residuals of a fracture of the left ankle is not established. The appeal is denied. JEFF MARTIN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.