08-10 094, 08-10 094

Veteran served Aug 1973–Mar 1996 and filed a formal VA claim on March 10, 2003 for "atrophy of left side abdomen muscles" later determined to be manifestations of a ventral hernia.
Service connection for ventral hernia was awarded by a Jan 2007 rating decision (initial effective date April 21, 2006); a May 2014 RO decision granted an effective date of March 10, 2003 after appeal.
The Board considered whether any communication before March 10, 2003 could be an informal claim; no pre‑2003 statement sufficiently identified ventral hernia benefits.
Medical evidence in the appeal period (records and VA exams) showed relatively large, reducible, operable ventral hernia measurements (examples: Jan 2001 15 x 8 cm; Aug 2003 ~15.2 x 11.4 cm; Jun 2012 9 x 10 cm).
Lay statements (Veteran and spouse) described functional effects (difficulty lifting, clothing changes); examiners were mixed on belt supportability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Effective date earlier than Mar 10, 2003 for service connection	Veteran contended entitlement arose earlier based on medical evidence of hernia before 3/10/2003	VA argued no formal or informal claim before 3/10/2003 and statutory rules tie effective date to claim receipt or later date entitlement arose	Denied — no claim or qualifying informal claim before 3/10/2003; effective date not earlier than 3/10/2003
Initial rating >20% for ventral hernia (period prior to Jun 21, 2012)	Veteran argued hernia was always large and functionally limiting, warranting >20%	VA noted variable exam measurements but argued evidence supports at least 40% for large hernia not well supported by belt, but not 100% (hernia reducible/operable)	Granted 40% for entire period 3/10/2003–6/20/2012; 100% and extraschedular relief not warranted

Stegall v. West, 11 Vet. App. 268 (1998) (remand/resolution of duties to comply with prior Board instructions)
Brokowski v. Shinseki, 23 Vet. App. 79 (2009) (elements of an informal claim)
Quarles v. Derwinski, 3 Vet. App. 129 (1992) (review all communications to determine when claim was received)
Fenderson v. West, 12 Vet. App. 119 (1999) (consider entire disability history; staged ratings)
Nelson v. Principi, 18 Vet. App. 407 (2004) (effective date is later of claim receipt or date entitlement arose)
Lalonde v. West, 12 Vet. App. 377 (1999) (same governing principle for effective dates)
Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (competency of lay evidence for observable symptoms)
Thun v. Peake, 22 Vet. App. 111 (2008) (standards for extraschedular referral)
Rice v. Shinseki, 22 Vet. App. 447 (2009) (TDIU considerations and scope of appeals)