Citation Nr: 21002148 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 18-17 425 DATE: January 12, 2021 ORDER Revision of the November 1981 rating decision to grant service connection for posttraumatic stress disorder (PTSD) results in an earlier effective date of June 3, 1981. FINDINGS OF FACT 1. When the Veteran initially applied for disability compensation on June 3, 1981, the Army Commendation Medal with “V” Device Award was erroneously not listed on his DD Form 214. 2. The denial of service connection in the November 1981 rating decision was issued without the availability of relevant evidence, including a correct DD Form 214 showing that the Veteran had received the Army Commendation Medal with “V” Device Award. 3. A subsequent June 2015 rating decision granted service connection for PTSD based on a conclusion that the current PTSD was linked to verified combat experiences in Vietnam, supported by the receipt of the Army Commendation Medal with “V” Device Award. CONCLUSION OF LAW The November 1981 rating decision is revised to grant service connection for PTSD with an effective date of June 3, 1981. 38 U.S.C. § 5110; 38 C.F.R. § 3.156(c). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from October 1966 to November 1969. The Veteran declined a Board of Veterans Appeals (Board) hearing on the March 2018 Appeal to the Board (VA Form 9). Earlier Effective Date of June 3, 1981 for PTSD Under 38 C.F.R. § 3.156(c), except as otherwise provided, if, at any time after VA issues a decision on a claim, VA receives or associates with the claims file relevant official service department records, that existed but were not associated with the claims file when VA first decided the claim, VA will reconsider the claim. These records include, but are not limited to, service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the Veteran by name, as long as the other requirements of paragraph (c) of this section are met; additional service records forwarded by the Department of Defense or the service department to VA any time after VA’s original request for service records; and declassified records that could not have been obtained because the records were classified when VA decided the claim. 38 C.F.R. § 3.156(c)(1). This regulation does not apply to records that VA could not have obtained when it decided the claim because they did not exist or because the claimant failed to provide sufficient information for VA to identify and obtain the records. Id. at (c)(2). An award made based all or in part on records identified in § 3.156(c)(1) is effective on the date entitlement arose or the date which VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously denied claim. 38 C.F.R. § 3.156(c)(3). A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. 38 C.F.R. § 3.156(c)(4). These regulations essentially establish that, where an initial claim is denied due to the lack of evidence of an in-service event, injury, or disease, but is later granted based all or in part on subsequently acquired service records establishing the in-service event, injury, or disease, the claimant is entitled to a retroactive evaluation of the disability to assess the proper effective date, which would be the date of the original claim or the date entitlement otherwise arose, whichever is later. Id.; Vigil v. Peake, 22 Vet. App. 63, 66-67 (2008). In this sense, the original claim is not reopened, rather, the prior denial is reconsidered, and the original claim serves as the date of the claim and the earliest date for which benefits may be granted. In this case, the Veteran asserts that he is entitled to reconsideration of the effective date for the grant of service connection for PTSD. Specifically, in an April 2018 Statement, the Veteran’s attorney contends that the effective date for the grant of service connection for PTSD should be June 3, 1981, which is the date of the original claim for service connection for a nervous condition. The contention is that the later grant of service connection for PTSD in a June 2015 rating decision was based upon relevant information that should have been associated with the claims file at the time of the original denial of service connection in November 1981, but which was not yet associated with the claims file at that time. The Veteran, through counsel, asserts that reconsideration of the effective date is warranted pursuant to 38 C.F.R. § 3.156(c), which provides that at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim. See April 2018 Statement from Veteran’s Attorney. In the present case, the Veteran separated from active duty in November 1969. He did not raise a claim for service connection for an acquired psychiatric disorder within one year from service discharge; rather, the Veteran first filed a formal claim for service connection for a nervous condition in June 1981. The RO granted service connection for PTSD in a June 2015 rating decision, effective as of the date of the November 9, 2009 claim to reopen service connection for PTSD. Because the current effective date of November 9, 2009 was based upon the date the claim to reopen service connection for PTSD was received, the next question for the Board is whether there are any earlier claims for service connection for PTSD that must be reconsidered under 38 C.F.R. § 3.156(c), and upon which an earlier effective date of June 3, 1981 may be granted. The Board finds that the DD Form 214 of record at the time of the November 1981 denial of service connection for PTSD was incorrect, as it did not show that the Veteran had received the Army Commendation Medal with “V” Device, which verifies that the Veteran engaged in combat with the enemy during active service. Accordingly, the Board finds that there was relevant evidence that existed, but was not associated with the claims file when VA first decided the claim at the time of the November 1981 denial of service connection for a nervous condition, and was later added to the file. For this reason, the effective date of the grant of service connection for PTSD must be reconsidered under 38 C.F.R. § 3.156(c). The first communication from the Veteran that can be interpreted as a claim (application) for service connection for PTSD was received on June 3, 1981. On June 3, 1981, the Veteran submitted a Veteran’s Application for Compensation or Pension for service connection for a nervous condition. The Board finds that the denial of service connection for a nervous condition was made in the absence of a correct DD Form 214 showing that the Veteran had received the Army Commendation Medal with “V” Device, which verifies that the Veteran engaged in combat with the enemy during active service. The Veteran’s receipt of this Medal with “V” Device was evidence which existed, but which had not been associated with the claims file on the DD Form 214. As this information was later the basis upon which the claim for service connection for PTSD was granted, the Board finds that an earlier effective date of June 3, 1981 is warranted. For this reason, the November 1981 rating decision is revised to provide an earlier effective date for service connection for PTSD of June 3, 1981. 38 U.S.C. § 5110; 38 C.F.R. § 3.156(c). J. PARKER Veterans Law Judge Board of Veterans’ Appeals Department of Veterans Affairs A. Caruso, Attorney for the Board 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.