Citation Nr: 18145598 Decision Date: 10/30/18 Archive Date: 10/29/18 DOCKET NO. 16-42 398 DATE: October 30, 2018 ORDER Entitlement to an effective date earlier than April 8, 2011 for the 100 percent disability rating assigned for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT The first claim of entitlement to service connection for PTSD was received on April 8, 2011; the Veteran was separated from active duty in 1996. CONCLUSION OF LAW The criteria for an effective date earlier than April 8, 2011 for the 100 percent disability rating assigned for PTSD have not been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.155, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1993 to September 1996. In a September 2018 letter, the Veteran’s attorney was sent a letter clarifying representation per 38 C.F.R. 20.608. As of the date of this Board decision, a response has not been received within 30 days of the date of the letter. As such, the Board finds that the attorney wishes to remain the Veteran’s representative. 1. Entitlement to an effective date earlier than April 8, 2011 for the 100 percent disability rating assigned for PTSD Unless specifically provided otherwise in Title 38 Chapter 51 of the U.S. Code, the effective date of an award based on an original claim, a claim reopened after final adjudication , or a claim for increase, of compensation, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. 38 U.S.C. § 5110(a). The effective date of an award of disability compensation for a veteran shall be the day following the date of the veteran’s discharge or release, if application therefor is received within one year from such date off discharge or release. 38 U.S.C. § 5110(b)(1). An exception is that the effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year of such date. 38 U.S.C. § 5110(b)3). Effective March 24, 2015, VA amended its regulations regarding claims and appeals. The amendment requires claims to be filed on standard forms, eliminates constructive receipt of claims, and requires notices of disagreement (NOD) on a standardized form. The Federal Register notice is found at 79 Fed. Reg. 57660 (Sept. 25, 2014). The law applicable here is that in place prior to this revision. “Claim” is defined broadly to include 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); Brannon v. West, 12 Vet. App. 32, 34-5 (1998); Servello v. Derwinski, 3 Vet. App. 196, 199 (1992). Prior to changes in regulations, that do not apply in this case, any communication or action indicating intent to apply for one or more benefits under laws administered by VA from a claimant may be considered an informal claim. Such an informal claim must identify the benefits sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. 38 C.F.R. § 3.155(a). To determine when a claim was received, the Board must review all communications in the claims file that may be construed as an application or claim. See Quarles v. Derwinski, 3 Vet. App. 129, 134 (1992). In considering the evidence of record under the laws and regulations as set forth above, the Board finds that April 8, 2011 is the correct date for the 100 percent disability rating assigned for the Veteran’s service-connected PTSD. The Veteran has contended that he is entitled to an earlier effective date for this rating because he was diagnosed and sought treatment for PTSD prior to April 2011. However, there is no basis under the governing legal criteria to establish that he is legally entitled to an earlier effective date. To the extent that the Veteran complained of, or was treated for, PTSD prior to the effective date assigned, the Board notes that the date of a treatment record does not constitute an informal claim when service connection has not yet been established. See 38 C.F.R. § 3.157. Review of the record shows that the Veteran first filed a claim of entitlement to service connection for PTSD on April 8, 2011. In an April 2013 rating decision, the Veteran was denied service connection for PTSD; he was notified in an April 2013 notification letter. In May 2013, the Veteran filed a notice of disagreement (NOD) with the April 2013 decision. In a February 2015 rating decision, the Veteran was granted service connection for PTSD with an evaluation of 70 percent effective April 8, 2011 and was notified in February 2015. In March 2015, the Veteran filed a claim for PTSD. In a June 2015 rating decision, the Veteran’s 70 percent disability rating for PTSD was continued; he was notified in June 2015. In a September 2015 rating decision, the Veteran’s PTSD rating was increased to 100 percent effective July 8, 2015. The Veteran filed an NOD in October 2015. The RO issued a statement of the case (SOC) in December 2015 granting entitlement to a 100 percent evaluation for PTSD effective April 8, 2011, and a December 2015 rating decision effectuated the increased rating. In a January 2016 VA Form 9, the Veteran indicated that he sought treatment outside of the VA, as far back as December 2006, but that “no one would let [him] file for PTSD until [he] started through the VA.” A review of the record reveals that April 8, 2011 is the earliest date of a claim for PTSD of record, and the Veteran’s PTSD is rated as 100 percent disabling, the maximum rating available, from that date. As the first claim for PTSD was received April 8, 2011, the claim for an effective date earlier than April 8, 2011 for the 100 percent disability rating must be denied. There is no reasonable doubt to be resolved as to this issue. JAMES G. REINHART Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Labi, Associate Counsel