Citation Nr: 18140759 Decision Date: 10/05/18 Archive Date: 10/05/18 DOCKET NO. 16-31 292 DATE: ORDER Entitlement to an effective date earlier than August 9, 2007, for the award of service connection for posttraumatic stress disorder (PTSD) with psychotic disorder, not otherwise specified (NOS) and alcohol abuse, is denied. FINDING OF FACT The record contains no informal claim, formal claim, or any written intent to file a claim for entitlement to service connection for PTSD with psychotic disorder, NOS, and alcohol abuse prior to August 9, 2007. CONCLUSION OF LAW The criteria for an effective date earlier than August 9, 2007, for the award of service connection for PTSD with psychotic disorder, NOS, and alcohol abuse, have not been met. 38 U.S.C. §§ 5103 (a), 5103A, 5107(b), 5110 (2012); 38 C.F.R. §§ 3.1 (p), 3.400 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1996 to February 2000. This mater is on appeal from a February 2013 rating decision. Earlier effective date claim The Veteran is seeking an effective date earlier than August 9, 2007, for the grant of service connection for her PTSD with psychotic disorder, NOS and alcohol abuse. Specifically, she requests an effective date of February 7, 2000, the date after her release from active duty, explaining that her symptoms began during service. See, June 2016 substantive appeal and April 2014 notice of disagreement. Generally, the effective date of an award of disability compensation based on an original claim shall be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110 (a) (2012); 38 C.F.R. § 3.400 (2018). If the claim is received within one year after separation from service, the effective date of an award of disability compensation shall be the day following separation from active service. 38 U.S.C. § 5110 (b)(1) (2012); 38 C.F.R. § 3.400 (b)(2)(i) (2018). Unless specifically provided, the effective date will be assigned on the basis of the facts as found. 38 C.F.R. § 3.400 (a) (2018). For presumptive service connection purposes, the effective date is the date entitlement arose, if the claim is received within one year after separation from active duty; otherwise, the date of receipt of claim, or date entitlement arose, whichever is later. 38 C.F.R. § 3.400 (b)(2)(ii). A review of the record shows that the Veteran’s original claim for service connection for PTSD was filed with VA on August 9, 2007. See, VA Form 21-4138, received August 9, 2007. A February 2013 rating decision granted service connection for PTSD with psychotic disorder, NOS and alcohol abuse, effective August 9, 2007. The evidence of record does not contain, and the Veteran does not allege, that there is any communication from her prior to August 9, 2007 that may be construed as an intent to seek or apply for service connection for any psychiatric disorder. Given the foregoing, the earliest possible effective date, under the law, for the grant of service connection for PTSD with psychotic disorder, NOS, and alcohol abuse is August 9, 2007. In her June 2016 substantive appeal, the Veteran stated that her psychiatric disorder began in 1997 and explained that she did not file a claim sooner than 2007, because she did not know that she file a claim prior to 2007. While the Board is sympathetic to the Veteran’s contention, and understands the point clearly, the Board is without authority to grant eligibility to benefits simply because it might perceive the result to be “equitable”. See, 38 U.S.C. §§ 503, 7104 (2012); Harvey v. Brown, 6 Vet. App. 416, 425 (1994). The Board also observes that “no equities, no matter how compelling, can create a right to payment out of the United States Treasury which has not been provided for by Congress.” Smith v. Derwinski, 2 Vet. App. 429, 432-33 (1992) (citing Office of Personnel Management v. Richmond, 496 U.S. 414, 426 (1990)). The authority to award equitable relief is committed solely to the discretion of the Secretary under 38 U.S.C. § 503 (a), and the Board is without jurisdiction to consider what is committed solely to the Secretary’s discretion. See McCay v. Brown, 9 Vet. App. 183, 189 (1996). Therefore, the Board is bound by the relevant laws and regulations governing the payment of monetary benefits. And those laws and regulations do not permit an award of an earlier effective date than August 9, 2007, for the grant of service connection for PTSD with psychotic disorder, NOS, and alcohol abuse. The controlling statute and regulation provide that the effective date for a grant of service connection is the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400 (b)(2)(i). Here, the date of claim, August 9, 2007, is the later of the two dates, and is the appropriate effective date. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400 (b)(2)(i). The Court has held that where the law not the evidence is dispositive, the Board should deny an appeal because of an absence of a legal merit or the lack of entitlement under the law. Sabonis v. Brown, 6 Vet. App. 426 (1994). The Veteran has failed to allege facts which meet the criteria in the law or regulations, and her claim must be denied. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Adams, Counsel