Citation Nr: 19132136 Decision Date: 04/24/19 Archive Date: 04/24/19 DOCKET NO. 18-18 186 DATE: April 24, 2019 ORDER Entitlement to an effective date earlier than July 25, 2016 for the grant of service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT The VA received the Veteran’s most recent claim for service connection for PTSD on July 25, 2016; the Veteran was granted service connection for PTSD effective July 25, 2016. CONCLUSION OF LAW The criteria for an effective date earlier than July 25, 2016, for the award of service connection for PTSD have not been met. 38 U.S.C. §§ 5103, 5103A, 5110; 38 C.F.R. § 3.400 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 2000 to May 2007. On appeal is a September 2017 rating decision that granted service connection for PTSD effective July 25, 2016 – the date the Department of Veterans Affairs (VA) Regional Office (RO) received the Veteran’s Intent to File a Claim for PTSD. The Veteran appealed, claiming she is entitled to an earlier effective date. Duty to Notify and Assist The Veteran has not raised any issues with the duty to notify. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board”). The Board also finds that the duty to assist requirements have been fulfilled. All relevant, identified, and available evidence has been obtained, and VA has notified the appellant of any evidence that could not be obtained. The Veteran has not referred to any additional, unobtained, relevant, available evidence. Thus, the Board finds that VA has satisfied the duty to assist. No further notice or assistance to the Veteran is required to fulfill VA’s duty to assist in development. Smith v. Gober, 14 Vet. App. 227 (2000); Dela Cruz v. Principi, 15 Vet. App. 143 (2001); Quartuccio v. Principi, 16 Vet. App. 183 (2002). 1. Entitlement to an effective date earlier than July 25, 2016 for the grant of service connection for PTSD. Generally, the effective date of an evaluation and award of pension, compensation, or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. In deciding this case based on its application of the law to the pertinent facts, the Board notes that the “date of receipt” of claim means the date on which the claim was received by VA, except as to specific provisions for claims received in the State Department, the Social Security Administration, or the Department of Defense. 38 C.F.R. § 3.1(r). In this case, the Veteran seeks an effective date earlier than July 25, 2016, for the grant of service connection for PTSD. More specifically, the Veteran contends in her October 2017 Notice of Disagreement (NOD) that the RO denied her PTSD claim in July 2007 and that the effective date for the grant of service connection should extend back to that initial claim. Upon thorough review of the record, the Board finds that there is no basis to grant an effective date prior to July 25, 2016, for the award of service connection for PTSD. In fact, the Board concludes that an effective date prior to July 25, 2016, is legally precluded. The law is clear that the effective date for an original claim is the date of receipt of the claim or the date entitlement arose, whichever is the later. A review of the record in this matter indicates there was a July 2007 rating decision as noted by the Veteran, but that rating decision did not address PTSD or any other mental condition. The Veteran’s original claim for service connection for PTSD was received by VA on September 29, 2008. However, in a July 2009 rating decision, that claim was denied, based on a finding that the Veteran did not meet the criteria for PTSD at that time. The Veteran did not appeal that July 2009 rating decision, and it became final. The next correspondence from the Veteran relating to her PTSD claim was her petition to reopen the previously denied service connection claim for PTSD, which was received by VA on July 25, 2016. The earliest medical record in evidence noting a PTSD diagnosis and nexus to service is September 20, 2017, the date of a VA examination. As such, the date entitlement arose to service connection for PTSD is September 20, 2017. Thus, when considering the date of receipt of the claim (July 25, 2016) and the date entitlement arose (September 20, 2017), the later date is the date entitlement arose. However, the Board will not disturb the RO’s decision to grant service connection for PTSD effective July 25, 2016, the date the Veteran’s petition to reopen the previously denied claim was received by VA. This is the earliest effective date possible based upon the facts in this case and the law and regulations. The Board finds that there was no formal claim, informal claim, or written intent to file a claim for service connection for PTSD at any point after the July 2009 final rating decision until the July 25, 2016 correspondence from the Veteran indicating her intent to file a petition to reopen the previously denied PTSD claim. Thus, the earliest possible date for the grant of service connection for PTSD is July 25, 2016—the currently established effective date. As the preponderance of the evidence is against the claim, the benefit of the doubt rule is not applicable. See 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 54-56 (1990). An effective date earlier than July 25, 2016 for service connection for PTSD is not warranted. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Jiggetts, Associate Counsel