Bonds: Any formal claim for one benefit can raise an informal claim for another (applies to claims filed before Mar. 24, 2015)

Bonds v. McDonough, 35 Vet.App. 355 (2022)

HELD: A formal claim for compensation under 38 U.S.C. § 1151 CAN ALSO SERVE AS A CLAIM FOR COMPENSATION UNDER 38 u.s.c. § 1110 under the regulation in effect prior to March 24, 2015.

Summary: Veteran filed a VA Form 21-526 explicitly requesting service connection under 38 U.S.C. § 1151 for a leg amputation that he claimed was caused by VA’s inadequate care of his wound. He argued that he was diabetic and should have received extra care. The record showed that he was diagnosed with diabetes (a listed chronic condition under 38 C.F.R. § 3.309(a)) within a year of separation from service.

The Court held that VA has a duty to liberally construe claim forms - and because the veteran’s claim under § 1151 was received when the regulations allowed for informal claims, VA was required to identify all explicitly- and implicitly-raised claims. Even if a request for benefits under § 1151 cannot encompass a claim for § 1110 benefits, it can raise a separate, informal claim for § 1110 benefits.