Citation Nr: 20006887 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 19-17 990 DATE: January 28, 2020 ORDER Entitlement to an effective date prior to October 31, 2017 for the grant of service connection for schizophrenia, to include alcohol/cannabis use disorder, is denied. FINDINGS OF FACT 1. The Veteran did not perfect an appeal of the April 1974 rating decision which initially denied service connection for a nervous condition and as such, that rating decision is final. 2. The Veteran did not perfect appeals as to the August 1992 and August 1993 rating decisions which denied reopening the claim for service connection for a psychiatric condition (claimed as posttraumatic stress disorder) (PTSD) and as such, the rating decisions are final. 3. On October 31, 2017, VA received the Veteran’s fully developed claim requesting to reopen his claim for service connection for a mental health condition, to include PTSD/schizophrenia; there were no formal or informal claims received by VA between August 1993 and October 31, 2017. CONCLUSION OF LAW The criteria for an effective date prior to October 31, 2017 for the grant of service connection for schizophrenia, to include alcohol/cannabis use disorder, have not been met. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from August 1969 to February 1972. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board acknowledges that the record indicates there are outstanding Social Security Administration (SSA) records which ordinarily would require remand so that such records could be requested. Nonetheless, remand is not warranted in this instance as the Veteran has not alleged that these records contain any evidence regarding receipt of claims for service connection for a psychiatric condition. Therefore, the Board finds that the Veteran’s SSA records need not be requested to support the current appeal, as they are unlikely to contain any relevant information. Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010) (VA has an obligation to secure Social Security records if there is a reasonable possibility that the records would help to substantiate the Veteran’s claim). Entitlement to an earlier effective date prior to October 31, 2017 for the grant of service connection for schizophrenia, to include alcohol/cannabis use disorder The Veteran contends that an effective date earlier than October 31, 2017 is warranted for the award of service connection for his schizophrenia, to include alcohol/cannabis use disorder. Specifically, he contends that an effective date of as early as June 12, 1973, which is the date he originally filed his claim for service connection for a psychiatric condition, is warranted because at no point since the Veteran’s service has he been competent to handle his own affairs due to his service-connected disability, thus leaving him with the inability to effectively appeal any prior decisions. The effective date of an evaluation and award of compensation based on an original claim or a claim reopened after final disallowance, will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. If the claim for service connection is received within one year of a veteran’s discharge from service, the effective date of an award of service connection will be the day following discharge from service or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(b)(1); 38 C.F.R. § 3.400(b)(2). A “claim” includes 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). A formal claim is a specific claim in the form prescribed by the Secretary. 38 C.F.R. § 3.151. Also, any communication or action indicating the intent to apply for a benefit under the laws administered by the VA may be considered an informal claim, provided that it identifies generally, although not necessarily with specificity, the benefit sought. 38 C.F.R. §§ 3.1(p), 3.155. An appeal consists of a timely filed notice of disagreement (NOD) in writing and, after a statement of the case (SOC) has been furnished, a timely filed substantive appeal. 38 C.F.R. § 20.200. A timely substantive appeal is one filed in writing within 60 days from the date the SOC was mailed, or within the remainder of the one-year period from the date of mailing of the notification of the determination being appealed. 38 C.F.R. § 20.302(b). In this case, the Veteran originally filed a claim for service connection for a nervous condition in June 1973. An April 1974 rating decision denied service connection for the nervous condition. The Veteran did not submit a notice of disagreement with the April 1974 rating decision or submit new and material evidence within one year of the April 1974 rating decision and as such, the April 1974 rating decision became final. See 38 C.F.R. § 20.1103 (a determination on a claim by the agency of original jurisdiction of which the claimant is properly notified is final if an appeal is not perfected as prescribed in 38 C.F.R. § 20.302). Following that, in April 1991 the Veteran submitted a claim for PTSD and an August 1992 rating decision denied service connection for PTSD. The Veteran did not submit a notice of disagreement with the August 1992 rating decision and as such, an appeal as to the August 1992 rating decision was not perfected. The Board also notes that the Veteran was represented by Disabled American Veterans (DAV) as of November 1991. The Veteran and his representative thereafter submitted correspondence in October 1992 requesting to reopen the claim for service connection for PTSD and a February 1993 rating decision again disallowed service connection. The Veteran did not submit a notice of disagreement with the February 1993 rating decision; however, in April 1993, he identified additional private treatment records pertinent to his claim. The identified records were obtained in May 1993. An August 1993 rating decision again denied the Veteran’s claim, and the Veteran was provided notice of this rating decision in September 1993. The Veteran did not submit a notice of disagreement with the August 1993 rating decision or submit new and material evidence within one year of that rating decision; as such, an appeal as to the August 1993 rating decision was not perfected. Accordingly, the August 1992 and August 1993 rating decisions became final. Id. Thereafter, on October 31, 2017 VA received the Veteran’s VA Form 21-526EZ, requesting service connection for a mental health condition, to include PTSD/schizophrenia. By way of a May 2018 rating decision, the Veteran was granted service connection for schizophrenia, to include alcohol/cannabis use disorder effective from October 31, 2017, which was the date of receipt of the Veteran’s claim. Upon review, there is no document of record which could be construed as a formal or informal claim for service connection for a psychiatric condition that was received by VA between the August 1993 rating decision and the October 2017 claim to reopen. Accordingly, the earliest communication indicating an intent to apply for service connection for a psychiatric disability in the Veteran’s claims file after the August 1993 final denial of his claim is the claim received by VA on October 31, 2017. Further, while the Veteran argues that he is entitled to an effective date as early as June 12, 1973 for the award of service connection, the Veteran’s request to reopen his claim for service connection was not submitted within one year of his discharge from service. Additionally, the Board notes that there is no provision in the law for awarding an earlier effective date based simply on the presence of a disability. See Brannon v. West, 12 Vet. App. 32, 35 (1998) (the mere presence of medical evidence of a condition does not establish an intent on the part of the veteran to seek service connection for the disability). Moreover, regarding the Veteran’s contention that he has been incompetent to handle his own affairs due to his service-connected psychiatric condition thus leaving him unable to effectively appeal any prior decisions, the Board notes that the Veteran was not considered to be incompetent until June 1994 after receiving the January 1994 request for incompetency. Further, as mentioned above, the Veteran was represented by DAV as early as November 1991. The pertinent legal authority governing effective dates in this case is clear and specific, and the Board is bound by this authority. Pursuant to this authority, the Board finds that there is no legal basis by which an effective date earlier than October 31, 2018 for the grant of service connection for schizophrenia, to include alcohol/cannabis use disorder, can be assigned; hence, the claim for an earlier effective date must be denied. 38 C.F.R. § 3.400(b)(2)(i). MICHELLE P. KATZ Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Medina, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.