Citation Nr: 18157048 Decision Date: 12/11/18 Archive Date: 12/11/18 DOCKET NO. 12-30 537 DATE: December 11, 2018 ORDER Entitlement to an effective date of June 19, 1986 for the grant of service connection for posttraumatic stress disorder (PTSD) is granted. REMANDED Entitlement to an effective date prior to October 13, 1989 for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. FINDINGS OF FACT 1. The Veteran’s initial claim for entitlement to service connection for paranoid schizophrenia was received on June 19, 1986. 2. It is as likely as not that the Veteran had PTSD when he filed his initial claim. CONCLUSION OF LAW Resolving reasonable doubt in the Veteran’s favor, the criteria for entitlement to an effective date of June 19, 1986 for the grant of service connection for PTSD have been met. 38 U.S.C. §§ 5101, 5110; 38 C.F.R. §§ 3.151, 3.155, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from January 1969 to August 1971. This appeal to the Board of Veterans’ Appeals (Board) is from a November 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In a January 2015 decision, the Board granted an earlier effective date of October 13, 1989 for the grant of service connection for PTSD, and remanded the issues of entitlement to an effective date prior to October 13, 1989 for the grant of service connection for PTSD and an effective date prior to August 19, 2008 for entitlement to a TDIU. The Board indicated that the effective date for TDIU was intertwined with the rating assigned for PTSD from October 13, 1989 to August 19, 2008. In a January 2015 rating decision, the RO implemented the October 13, 1989 effective date for PTSD in accordance with the Board’s decision and assigned a 70 percent rating as of this date. In a February 2017 rating decision, the RO granted an earlier effective date of October 13, 1989 for the grant of a TDIU based on the effective date for PTSD, but erroneously stated that this represented a full grant of the benefit sought. Since the Board indicated that an even earlier effective date could be assigned for PTSD, a decision on that claim could impact the effective date for a TDIU. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (noting that two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered). The Veteran’s attorney submitted additional pertinent evidence in June 2018 that has not been reviewed by the RO. Due to the favorable outcome, the Veteran is not prejudiced by the Board considering the evidence in the first instance. 1. Entitlement to an effective date prior to October 13, 1989 for the grant of service connection for PTSD. The statutory guidelines for the determination of an effective date of an award are set forth in 38 U.S.C. § 5110. Except as otherwise provided, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after a final disallowance, or a claim for increase will be the date of receipt of the claim, or the date entitlement arose, whichever is the latter. 38 C.F.R. § 3.400. In cases involving direct service connection, the effective date will be the day following separation from active service or the date entitlement arose if the claim is received within one year after separation from service. Otherwise, the effective date will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(b)(2)(i). A claim or an application is “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). Intent to apply for benefits is an essential element of any claim, whether formal or informal. Criswell v. Nicholson, 20 Vet. App. 501, 503 (2006). The Board noted in its previous decision that since the grant of service connection for PTSD was based on service department records, VA will reconsider a prior decision without requiring new and material evidence. 38 C.F.R. § 3.156(c). Even though the Veteran did not raise a claim specifically for PTSD until August 4, 1989, the record shows that his first claim for an acquired psychiatric disorder (paranoid schizophrenia) was received on June 19, 1986. This claim was denied in an October 1986 rating decision. The Board notes that where a Veteran claims service connection for a psychiatric disorder, any disorder reasonably encompassed by the Veteran’s claim must be considered. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Thus, consideration must be given to whether entitlement arose with this earlier claim. Since medical evidence suggests the Veteran may have had PTSD prior to October 13, 1989, the Board sought a retrospective opinion. See Cotta v. Peake, 22 Vet. App. 80 (2008). Based on a review of the file, a VA psychologist offered an unfavorable opinion in June 2016. Although the clinician improperly stated that the correct effective date was October 13, 1989 based on his consideration of the legal requirements for establishing an effective date, he added that the Veteran’s mental health problems prior to this date were primarily due to schizophrenia. He acknowledged the Veteran had some symptoms of PTSD prior to October 13, 1989, but added that there were not enough symptoms to justify a diagnosis and that the Veteran’s initial concerns in 1984 only dealt with his suspicions of his wife’s unfaithfulness. The probative value of this opinion is limited some because the clinician does not appear to have considered all the Veteran’s statements concerning his symptoms and did not indicate if he was taking into consideration the DSM III criteria that were in effect in the 1980’s. In contrast, the private psychologist’s retrospective opinion dated in May 2018 opined that the Veteran likely had PTSD since 1986 and that these symptoms had been inextricably intertwined with the Veteran’s schizophrenia symptoms. See June 2018 Other document. This psychologist believed that had the April 1985 clinician made further inquiries concerning PTSD in 1985 then the Veteran might have had a PTSD diagnosis dating that far back. He noted specific records dating back from 1984 to 1988 that noted some of the Veteran’s symptoms and how they impacted him. Based on the treatment records and lay statements the private psychologist showed how the Veteran had met the DSM III criteria for a diagnosis of PTSD based on his stressor. The Board also finds this opinion to be somewhat probative. Resolving reasonable doubt in the Veteran’s favor, the Board finds that the Veteran as likely as not had PTSD when he filed his first service connection claim for a psychiatric disorder in 1986. Thus, service connection for PTSD is warranted as of the date the claim was received on June 19, 1986. REASONS FOR REMAND 1. Entitlement to an effective date prior to October 13, 1989 for the grant of service connection for PTSD is remanded. The Board has granted an earlier effective date for the grant of service connection for PTSD, but the AOJ must assign the disability rating for the period from June 19, 1986 to October 13, 1989. Such assignment will impact whether the Veteran’s claim for a TDIU rating should be considered under 38 C.F.R. § 4.16(a) or (b). Thus, it is premature for the Board to render a decision prior to the rating of the Veteran’s PTSD. The matter is REMANDED for the following action: (Continued on the next page)   After assigning a disability rating for the Veteran’s PTSD for the period from June 19, 1986 to October 13, 1989 under the appropriate criteria, readjudicate the claim for an effective date prior to October 13, 1989 for the grant of a TDIU. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Bredehorst