Citation Nr: 1323271	
Decision Date: 07/22/13    Archive Date: 08/01/13

DOCKET NO.  11-27 020	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Oakland, California


THE ISSUE

Entitlement to an effective date prior to July 9, 1979, for the award of service connection for paranoid-type schizophrenia evaluated as 100 percent disabling.  


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

J. T. Hutcheson, Counsel



INTRODUCTION

The Veteran is the appellant in the instant appeal.  He had active service from July 1967 to July 1970 and from March 1976 to March 1978.  

This matter came before the Board of Veterans' Appeals (Board) on appeal from a March 2011 rating decision of the Oakland, California, Regional Office (RO) which denied an effective date prior to July 9, 1979, for the award of service connection for paranoid-type schizophrenia evaluated as 100 percent disabling.  In May 2013, the Veteran submitted a Motion to Advance on the Docket.  In July 2013, the Board granted the Veteran's motion.  The Board has reviewed both the physical claims files and the "Virtual VA" file so as to insure a total review of the evidence.  

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).  


FINDINGS OF FACT

1.  In January 2006, the Board denied an effective date prior to July 9, 1979, for the award of service connection for paranoid-type schizophrenia.  

2.  In April 2008, the United States Court of Appeals for Veterans Claims (Court) affirmed the January 2006 Board decision.  The Veteran did not appeal the Court's decision.  

3.  In November 2009, the Board denied the Veteran's May 2009 Motion for Reconsideration of the January 2006 Board decision.  

4.  In June 2010, the Veteran submitted a claim for an effective date prior to July 9, 1979, for the award of service connection for paranoid-type schizophrenia evaluated as 100 percent disabling.  


CONCLUSION OF LAW 

The Veteran has failed to advance an allegation of fact or law upon which relief may be granted.  38 U.S.C.A. § 7105(d)(5) (West 2002).  


REASONS AND BASES FOR FINDINGS AND CONCLUSION 

I.  Duties to Notify and to Assist

The Veterans Claims Assistance Act of 2000 (VCAA) and implementing regulations impose obligations on Department of Veterans Affairs (VA) to provide claimants with notice and assistance.  38 U.S.C.A. §§ 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2012); 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a) (2012).  In the instant case, the facts are not in dispute.  Resolution of the Veteran's appeal is dependent on the Court's interpretation of the law and regulations pertaining to claims for VA benefits.   There is no possibility that any additional notice or development would aid the Veteran in substantiating his claim.  Thus, any deficiency of notice or of the duty to assist constitutes harmless error.  See 38 U.S.C.A. § 5103A; Dela Cruz v. Principi, 15 Vet. App. 143, 149 (2001); Wensch v. Principi, 15 Vet. App. 362, 368 (2001) (compliance with the VCAA is not required if no reasonable possibility exists that any notice or assistance would aid the appellant in substantiating the claim).  See also VAOPGCPREC 2-2004 (interpreting that VCAA notice was not required where evidence could not establish entitlement to the benefit claimed).  


II.  Earlier Effective Date

In January 2006, the Board denied an effective date prior to July 9, 1979, for the award of service connection for paranoid-type schizophrenia.  The Veteran subsequently appealed to the Court.  In April 2008, the Court affirmed the January 2006 Board decision.  The Veteran did not appeal the Court's decision.  

In May 2009, the Veteran submitted a Motion for Reconsideration of the January 2006 Board decision.  In November 2009, the Board denied the Veteran's Motion for Reconsideration.  

In June 2010, the Veteran submitted a claim for an effective date prior to July 9, 1979, for the award of service connection for paranoid-type schizophrenia evaluated as 100 percent disabling.  The Court has held that there is no such claim as a free standing claim for an earlier effective date.  Rudd v. Nicholson, 20 Vet. App. 296, 300 (2006).  Essentially the Board is barred from adjudicating this appeal of a claim that has already been adjudicated by the Board and has been affirmed by the Court.  Hence the proper disposition of this appeal is dismissal.  See 38 C.F.R. § 20.1400, Rudd.  Accordingly, the Veteran's claim must be dismissed.  38 U.S.C.A. § 7105 (d)(5) (West 2002).  


ORDER 

The issue of entitlement to an effective date prior to July 9, 1979, for the award of service connection for paranoid-type schizophrenia evaluated as 100 percent disabling is dismissed.   



____________________________________________
K. J. ALIBRANDO
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs