Citation Nr: 18140272 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 16-01 435 DATE: October 2, 2018 ORDER Entitlement to an effective date earlier than October 15, 2013, for the award of service connection for unspecified insomnia disorder is denied. REMANDED Entitlement to an initial rating in excess of 10 percent for insomnia is remanded. FINDING OF FACT The evidence of record demonstrates that the Veteran’s original claim for entitlement to service connection for an acquired psychiatric disorder was accepted as received by VA on October 15, 2013, and that service connection for unspecified insomnia disorder has been established from this date. CONCLUSION OF LAW The criteria for entitlement to an effective date earlier than October 15, 2013, for the award of service connection for insomnia have not been met. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 3.400 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is a Veteran who served on active duty from July 2004 to April 2012. He had service in Southwest Asia from February 2005 to January 2006 and from March 2007 to May 2008. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision by the Philadelphia, Pennsylvania, Regional Office (RO) of the Department of Veterans Affairs (VA). That decision established service connection for an unspecified insomnia disorder and assigned an initial 10 percent rating effective from November 14, 2013. A subsequent November 2014 rating decision granted an earlier effective date for the award of service connection from October 15, 2013. 1. Entitlement to an effective date earlier than October 15, 2013, for the award of service connection for insomnia. VA regulations provide that the terms claim and application mean a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. 38 C.F.R. § 3.1(p) (effective prior to March 24, 2015). Generally, the date of receipt of a claim is the date on which a claim, information, or evidence is received by VA. 38 C.F.R. § 3.1(r) (2018). A sympathetic reading as to all potential claims raised by the evidence is required. Szemraj v. Principi, 357 F.3d 1370, 1373 (Fed. Cir. 2004). The Board, however, is not required to conjure up issues that were not raised by an appellant. See Brannon v. West, 12 Vet. App. 32 (1998). A VA failure of a duty to assist a veteran or even the existence of “grave procedural error” do not render a VA decision non-final. See Cook v. Principi, 318 F.3d 1334, 1348 (Fed. Cir. 2002). VA law provides that the effective date for an award of disability compensation for an original claim shall be the date of receipt of the claim, or the date entitlement arose, whichever is later, unless the claim is received within one year of separation from service. 38 U.S.C. § 5110(a) (2012); 38 C.F.R. § 3.400(b)(2) (2018). The Veteran’s original claim for entitlement to service connection for an acquired psychiatric disorder was accepted as received by VA on October 15, 2013. Service connection for unspecified insomnia disorder has been established from this date. Although the Veteran has expressed disagreement with the assigned effective date for the award of service connection, he has identified no specific basis for an earlier effective date. The Board notes that service treatment records show he was treated for primary insomnia in July 2011, but that records dated in November 2011 noted he denied any sleep disturbance upon post deployment examination. There is no evidence of a claim for a disability manifested by insomnia nor for any acquired psychiatric disorder prior to October 15, 2013. Therefore, the appeal for an earlier effective date must be denied. The preponderance of the evidence is against the Veteran’s claim. REASONS FOR REMAND 1. Entitlement to an initial rating in excess of 10 percent for unspecified insomnia disorder is remanded. The Veteran contends that his service-connected unspecified insomnia disorder is more severe than reflected by the assigned 10 percent rating. A June 2016 VA examination included a diagnosis of insomnia disorder and the examiner found symptoms were not severe enough either to interfere with occupational and social functioning or to require continuous medication. However, when he was seen in September 2017, the Veteran reported he had lost his job. A depression screen was positive. Subsequent examination and testing revealed insomnia in the severe clinical range and depression in the moderate range. The examiner found that unspecified trauma and stressor related disorder was a more appropriate diagnosis. The September 2017 report also noted a treatment plan including psychotherapy and psychiatric appointment for medication management. Records dated in October 2017 show active medications included Duloxetine and Trazadone. In light of the conflicting evidence as to the appropriate diagnosis and indication for pharmaceutical therapy, the Board finds that an additional VA examination is required. The matter is REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected unspecified insomnia disorder. The examiner should provide a full description of the disability over the course of the appeal and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to the disorder alone. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Douglas, Counsel