Citation Nr: 20021036 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 18-41 000 DATE: March 24, 2020 ORDER An effective date earlier than February 24, 2016 for service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT There were no communications received prior to February 24, 2016 that could be construed as a formal or informal claim for service connection for PTSD. CONCLUSION OF LAW The criteria for an effective date prior to February 24, 2016 for service connection for PTSD have not been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant, served on active duty from January 2000 to June 2005. The issue of a higher initial disability rating in excess of 50 percent for PTSD has already been granted in a December 28, 2018 Board decision; therefore, the issue has been removed from the Board’s instant decision. An earlier effective date for service connection for PTSD Except as otherwise provided, the effective date of an evaluation and award of 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 later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. After a final disallowance of a claim, the effective is the date of receipt of the new claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400(q)(2). For claims received prior to March 24, 2015, a “claim” is defined as a formal or informal communication, in writing, requesting a determination of entitlement, or evidencing a belief in entitlement to a benefit and VA is required to identify and act on informal claims for benefits. 38 C.F.R. §§ 3.1(p), 3.155(a); see also Servello v. Derwinski, 3 Vet. App. 196, 198 200 (1992). Pursuant to 38 C.F.R. § 3.155, any communication or action indicating intent to apply for one or more VA benefits, including statements from a veteran’s duly authorized representative, may be considered an informal claim. Such an informal claim must identify the benefit sought. 38 C.F.R. § 3.1(p) defines application as a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. See also Rodriguez v. West, 189 F.3d. 1351 (Fed. Cir. 1999). The date of receipt of a claim is the date on which a claim, information, or evidence is received by VA. 38 C.F.R. § 3.1(r). The Veteran generally asserts that an earlier effective date for the award of service connection for PTSD is warranted. See August 2017 Notice of Disagreement. The Board finds that an effective date earlier than February 24, 2016 for the award of service connection for PTSD is not warranted as a matter of law. On February 24, 2016, the Veteran submitted a formal claim for service connection for PTSD. There was no correspondence received by VA prior to February 24, 2016 that can be construed as a claim, either formal or informal, for service connection for PTSD. Furthermore, the Veteran has not asserted that a formal or informal claim for service connection for PTSD was submitted to VA earlier than February 24, 2016. On these undisputed facts, because the earliest effective date legally possible (February 24, 2016) has been assigned under 38 C.F.R. §§ 3.400(q)(2) and (r), and no effective date for service connection earlier than February 24, 2016 (date of receipt of informal claim for service connection for PTSD) is assignable, the appeal for an earlier effective date for the award of service connection for PTSD is without legal merit, and must be denied. For these reasons, the Board concludes that an effective date prior to February 24, 2016 for the award of service connection for PTSD is not warranted as a matter of law. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Eva Choi 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.