Citation Nr: 18123647 Decision Date: 08/02/18 Archive Date: 08/02/18 DOCKET NO. 15-31 095A DATE: August 2, 2018 ORDER Entitlement to an earlier effective date of June 1, 2013 for the grant of service connection for posttraumatic stress disorder (PTSD) is granted. REMANDED Entitlement to service connection for bilateral plantar fasciitis is remanded. FINDINGS OF FACT 1. The Veteran separated from service on May 31, 2013. 2. An informal claim, later identified as a claim for service connection for PTSD, was received by VA on June 2, 2014 (Monday); the Veteran was awarded service connection for PTSD in a January 2015 rating decision, and assigned an effective date of June 2, 2014. 3. The Veteran’s claim for service connection for PTSD was received within one year after discharge from service. CONCLUSION OF LAW The criteria for an earlier effective date of June 1, 2013, for the grant of service connection for PTSD are met. 38 U.S.C. § 5110 (2012); 38 C.F.R. §§ 3.102, 3.155, 3.156, 3.159, 3.400, 20.305 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from May 1993 to May 2013. This matter comes before the Board of Veterans’ Appeals (BVA or Board) from November 2013 and January 2015 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a hearing before the Board. The requested hearing was conducted in February 2016 by the undersigned Veterans Law Judge. A transcript is associated with the claims file. Entitlement to an effective date earlier than June 2, 2014 for the grant of service connection for PTSD is granted. The Veteran seeks entitlement to an effective date earlier than June 2, 2014 for the grant of service connection for PTSD. The effective date of an evaluation and award of compensation on an original claim for compensation will be the day following separation from active duty service or the date entitlement arose if the claim is received within 1 year after separation from service; otherwise, date of receipt of claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400 (b)(2). In the present case, the Veteran separated from active duty on May 31, 2013. An informal claim, later identified as a claim for entitlement to service connection for PTSD, was received on June 2, 2014. See June 2014 statement from Disabled American Veterans. The Board notes that the June 2014 statement is specifically dated June 2, 2014, and was for the purpose of preserving an effective date, as the Veteran was “in the process of assembling” a claim package for submission. A received date of June 2, 2014 was stamped on the statement. The claim was later identified as entitlement to service connection for PTSD. See July 2014 statement. The Veteran contends that her claim should be considered as within one year of discharge from service because although her claim was received on June 2, 2014, “the first day of the month fell on a weekend, therefore the effective date should reflect 6/1/13, the date of release from active duty.” See February 2015 notice of disagreement. The Veteran testified in February 2016 that she submitted her claim on June 2nd, which was a Monday, as May 31st fell on a Saturday. As noted, the Veteran was discharged from service on May 31, 2013. Thus, in order to receive the benefit of an effective date the day following her discharge from service, her claim needed to be filed within a year of her May 31, 2013 discharge. In computing the time limit for filing a written document, the first day of the specified period will be excluded and the last day included. 38 C.F.R. § 20.305(b). When the last day for performing an action falls on a Saturday, Sunday or legal holiday, the time limit expires on the next succeeding workday. Id. June 1, 2014 fell on a Sunday. Thus, the time limit expired on Monday, June 2, 2014. As the Veteran’s claim was received on June 2, 2014, the claim was received within 1 year after her separation from service. Accordingly, the Veteran is entitled to an earlier effective date of June 1, 2013. REASONS FOR REMAND Entitlement to service connection for bilateral plantar fasciitis is remanded. The Veteran seeks entitlement to service connection for bilateral plantar fasciitis. The Veteran was diagnosed and treated for bilateral plantar fasciitis during service. See, e.g., December 2011 treatment record. The Veteran was afforded a VA examination in March 2013, at which time the VA examiner stated there was no pathology to render a diagnosis. The Veteran testified that she continues to experience the same foot symptoms, post service, as she did during service. She indicated that she was prescribed inserts through the VA recently for her feet. See February 2016 BVA Hearing Transcript, page 15. The Board finds a remand is necessary to obtain updated treatment records and to afford the Veteran a VA examination to clarify her current diagnosis. The matter is REMANDED for the following action: 1. Obtain and associate with the claims file all updated treatment records. 2. Afford the Veteran a VA examination for her claimed bilateral plantar fasciitis. The claims folder must be provided to the examiner for review. The examiner must state in the examination report that the claims folder has been reviewed. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. a) Please clarify the Veteran’s diagnosis. All current foot disorders should be diagnosed and noted for the record. b) For each diagnosed foot disorder, the examiner should opine as to whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran’s foot disorder is causally or etiologically due to service. (Continued on the next page)   All opinions should be supported by a clear rationale, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Andersen, Counsel