Citation Nr: 18144573 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 16-37 841 DATE: October 25, 2018 ORDER Entitlement to an effective date of September 11, 2014, and no earlier, for the grant of service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) is granted. REMANDED Entitlement to service connection for a right knee disability is remanded. FINDINGS OF FACT 1. Since his discharge from service, the Veteran has experienced symptoms of sleep disturbance and recurrent nightmares, as he reported in connection with his September 2014 claim for service connection for sleep disturbances with recurrent nightmares. 2. The Veteran has been diagnosed with PTSD. Service connection for PTSD was granted effective August 16, 2016, the date his claim for service connection for PTSD was received. 3. The Veteran’s sleep disturbances and recurrent nightmares, first reported in connection with his September 2014 claim, were medically determined to be associated with his diagnosis of PTSD and his in-service stressors. CONCLUSIONS OF LAW The criteria for an effective date of September 11, 2014, but no earlier, for entitlement to service connection for an acquired psychiatric disorder to include PTSD have been met. 38 U.S.C. § 5110 (2012); 38 C.F.R. § 3.400 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Army from September 2001 to March 2002 and from December 2003 to November 2004. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision by the Baltimore, Maryland, Regional Office (RO) of the United States Department of Veterans Affairs. During the pendency of this appeal the RO granted service connection for PTSD, effective from August 26, 2016. As the scope of a mental health disability claim includes any mental disability that may be reasonably be encompassed by a claimant’s description of a claim, reported symptoms and other information, it is clear that the PTSD claim is duplicative of the current appeal for sleep disturbances and nightmares. See Clemons v. Shinseki, 23 Vet. App. 1, 5-6, 8 (2009). By continuing to pursue the latter claim, the Veteran has effectively disputed the initially assigned effective date. The Board has recharacterized the Veteran’s claim accordingly. Entitlement to an effective date prior to August 16, 2016 for an acquired psychiatric disorder to include PTSD The Veteran’s recurrent distressing dreams of traumatic events he experienced in service were medically determined to be related to his in-service stressors which supported his diagnosis of PTSD by a VA examiner, and were specifically included in the grant of service connection for PTSD. Generally, the effective date for a grant of service connection is the day following the date of separation from active service or the date entitlement arose, if the claim is received within one year after separation from active service; otherwise date of receipt of claim, or date entitlement arose, whichever is later. See 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400(b)(2)(i). A “claim” is a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. See 38 C.F.R. § 3.1(p) (2017). “Date of receipt” of a claim, information, or evidence means the date on which a claim, information, or evidence was received by VA. See 38 C.F.R. § 3.1(r) (2017). The Veteran filed a claim for service connection for sleep disturbances and recurrent nightmares in September 2014. The Veteran reported that he experienced recurrent nightmares that began during his service in Iraq. The Veteran reported that, as a result of the nightmares, he jumped up out of his sleep and ran out of his room. The AOJ denied service connection because there was no evidence establishing an event, disease or injury in service; nor did his service treatment records contain evidence of complaints, treatment or a diagnosis of this condition. The Veteran timely perfected an appeal of this issue. The Veteran filed a claim for service connection for PTSD in August 2016; as is discussed above, this was a duplicative claim and an October 2016 VA examiner associated the nightmares and sleep disturbances underlying the September 2014 claim with PTSD. The date of claim for PTSD was, therefore, effectively September 11, 2014. This would also be the date on which entitlement arose, as the evidence shows the Veteran had the disability on the date of filing was eligible at that time. Based on the above facts and regulations, the correct date for the grant of service connection for an acquired psychiatric disorder, to include PTSD, is September 11, 2014, the date the Veteran’s claim for service connection for sleep disturbance and recurrent nightmares was received. In the absence of an earlier claim for an acquired psychiatric disorder, and the passage of more than a year from service separation, no earlier date is warranted. REASONS FOR REMAND The Veteran has persistently reported right knee pain as a result up jumping, startled, from bed in the midst of one of his service-connected nightmares. The fact of injury is established by Board and RO findings based on competent and credible lay statements from the Veteran. It is unclear, however, whether there is a current right knee disability, and if such is related to the established injury. The Veteran has made subjective reports of pain, and has indicated the presence of some functional impairment as a result, as with negotiating stairs. He has undergone physical therapy; the provider indicated possible early arthritic changes, but contemporaneous x-rays in 2016 were normal. In light of the evidence of injury, a potential link to service, and indications of current disability, remand for an examination is required. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Associate with the claims file updated VA treatment records from the medical center in Baltimore and all associated clinics. 2. Schedule the Veteran for a VA Joints/knee examination. The claims folder must be reviewed in conjunction with the examination. The examiner must identify all currently diagnosed conditions of the right knee, and must describe both the Veteran’s subjective complaints and all associated functional impacts. The examiner should then opine as to whether any diagnosis, complaint, or functional impairment is at least as likely as not caused or aggravated by striking the knee when jumping out of bed from nightmares, as described. 3. Upon completion of the above, and any additional development deemed appropriate, readjudicate the remanded issue. If the benefit sought remains denied, the Veteran should be provided with a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. M. Lunger, Associate Counsel