Citation Nr: 18153391
Decision Date: 11/27/18	Archive Date: 11/27/18

DOCKET NO. 16-54 341
DATE:	November 27, 2018
ORDER
An earlier effective date than August 28, 2015, for grant of service connection for post-traumatic stress disorder (PTSD) is denied.
FINDING OF FACT
The Veteran did not file a formal or informal claim for entitlement to service connection for PTSD prior August 28, 2015.
CONCLUSION OF LAW
The criteria for assignment of an effective date prior to August 28, 2015, for the grant of service connection for PTSD have not been met. 38 U.S.C. § 5110 (West 2014); 38 C.F.R. §§ 3.151, 3.155, 3.400 (2017). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served in the United States Army from March 1977 to February 2012. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas, which granted service connection for PTSD, and assigned an effective date for service connection of August 28, 2015. 
Entitlement to an earlier effective date than August 28, 2015, for grant of service connection for post-traumatic stress disorder (PTSD).
Unless otherwise specifically provided in Chapter 51 of Title 38 of the United States Code, the effective date of an award based on an original claim shall be fixed in accordance with the facts found, but shall not be earlier than the date of application therefor. 38 U.S.C. § 5110(a) (2012). The effective date shall be the date of receipt of the Veteran’s claim or the date on which entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400(b)(2)(i) (2017).
The Veteran does not dispute that his initial claim was filed on August 28, 2015. However, he argues that an earlier effective date is warranted because he claims that he was diagnosed in-service. There is no substantiation of record for his assertion and the contention is without merit as the Veteran did not have veteran status prior to his discharge from active duty. See Dingess v. Nicholson, 19 Vet. App. 473, 484 (2006) (status as a “veteran” is one of the five elements of a claim for service-connection benefits). 
Given the date of his original and only application of service connection for the mental disorder, the Veteran has been assigned the earliest possible effective date under VA regulations, namely the date of receipt of his original claim for service connection. His arguments on appeal are limited to his interpretation of governing legal authority, all pertinent information and evidence is already contained in the claims file. There is no outstanding information or evidence that would help substantiate the Veteran's claim. VA's General Counsel has held that in cases where a claim cannot be substantiated because there is no legal basis for the claim or because undisputed facts render the claimant ineligible for the claimed benefit, VA is not required to provide notice of, or assistance in developing, the information and evidence necessary to substantiate such a claim under 38 U.S.C. §§ 5103(a) and 5103A. See VAOPGCPREC 5-04 (June 23, 2004).
The appeal is denied.
 
 Vito A. Clementi
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. T. Emmart, Associate Counsel