07-37 853, 07-37 853

Veteran served on active duty from March 1969 to December 1971 and is service‑connected for PTSD with an effective date of January 8, 1998.
Veteran filed a claim for service connection for erectile dysfunction (ED) on May 13, 2011; the RO granted service connection and SMC for loss of use of the creative organ in a December 2014 decision, effective May 13, 2011.
Veteran argues ED is secondary to his service‑connected PTSD and that medical records show ED as early as June 2009, so an earlier effective date is warranted and should relate back to the PTSD award.
The Board reviewed entitlement to an earlier effective date for both service connection for ED and SMC based on loss of use of the creative organ.
The Board found no written communication (formal or informal claim) expressing intent to apply for ED benefits prior to May 13, 2011 and applied the rule that a secondary claim’s effective date cannot predate the date the secondary claim was filed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Effective date earlier than May 13, 2011 for service connection for ED	ED is secondary to PTSD; medical evidence from 2009 shows ED so effective date should be earlier / relate to PTSD award	No written claim or intent to apply for ED before May 13, 2011; effective date is date of claim	Denied — effective date remains May 13, 2011
Effective date earlier than May 13, 2011 for SMC for loss of use of creative organ	SMC should relate back to earlier PTSD-related filings since ED is secondary	SMC based on ED is tied to the ED claim date; without prior written claim, effective date cannot be earlier	Denied — effective date remains May 13, 2011

Stegall v. West, 11 Vet. App. 268 (Board must comply with remand directives)
Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (VA satisfied duty to assist standards referenced)
Criswell v. Nicholson, 20 Vet. App. 501 (claim requires written intent to apply for benefits)
MacPhee v. Nicholson, 459 F.3d 1323 (Fed. Cir.) (intent to apply is required for informal claims)
Brannon v. West, 12 Vet. App. 32 (diagnosis alone does not establish intent to file claim)
Ellington v. Nicholson, 22 Vet. App. 141 (effective date for secondary condition cannot predate the secondary claim)
Ellington v. Peake, 541 F.3d 1364 (Fed. Cir.) (affirming Ellington principle)
Ross v. Peake, 21 Vet. App. 528 (effective date for secondary service connection is date of secondary claim)
Rodriguez v. West, 189 F.3d 1351 (claim must be in writing to qualify as application)