Citation Nr: 21004399 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 190502-8374 DATE: January 27, 2021 ORDER Entitlement to an effective date of March 23, 2018, but no earlier, for the grant of entitlement to service connection for posttraumatic stress disorder (PTSD) is granted, subject to the laws and regulations governing the award of monetary benefits. FINDINGS OF FACT 1. VA received the Veteran’s original claim of entitlement to service connection for posttraumatic stress disorder on December 19, 2016. 2. Entitlement to service connection for PTSD arose on March 23, 2018. CONCLUSION OF LAW The criteria for entitlement to an effective date of March 23, 2018, but no earlier, for the award of service connection for PTSD have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.304, 3.400, 4.125. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from October 1980 to October 2000. These matters are before the Board of Veterans’ Appeals (Board) on appeal of a March 2019 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran submitted a May 2019 Decision Review Request: Board Appeal (Notice of Disagreement) and elected Direct Review by a Veterans Law Judge. In March 2020, the Board denied entitlement to an effective date earlier than March 5, 2019 for a grant of service connection for PTSD. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In a September 2020 Order, the Court granted a Joint Motion for Remand (JMR) of the Veteran and the Secretary of Veterans Affairs (the Parties) to vacate and remand the portion of the Board’s March 2020 decision that denied entitlement to an effective date earlier than March 5, 2019 for a grant of service connection for PTSD. The issue has now been returned to the Board. Entitlement to an effective date of March 23, 2018, but no earlier, for the grant of entitlement to service connection for PTSD is granted. The Veteran asserts that he is entitled to an effective date earlier than March 5, 2019 for a grant of service connection for PTSD. The applicable law and regulations concerning effective dates state that, except as otherwise provided, 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. There are requirements for establishing service connection for PTSD in 38 C.F.R. § 3.304(f) that are separate from those for establishing service connection generally. Arzio v. Shinseki, 602 F.3d 1343 (Fed. Cir. 2010). Service connection for PTSD requires, among other requirements, a diagnosis conforming to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). 38 C.F.R. § 4.125. DSM-5 applies to claims received by VA or pending before the agency of original jurisdiction on or after August 4, 2014. 80 Fed. Reg. 14308 (March 2015). The Veteran filed a claim for service connection for PTSD on December 19, 2016. VA treatment records first note a diagnosis of PTSD on March 23, 2018. On that date, the Veteran’s treating psychiatrist diagnosed the Veteran with PTSD based on the “updated DSM V” and noted that the Veteran met the “full diagnostic criteria” for PTSD. Subsequently, the same VA psychiatrist submitted a March 27, 2018 letter noting that he had diagnosed the Veteran with PTSD based on his symptoms and traumas suffered during service. Upon review of all the evidence of record the Board finds that an effective date of March 23, 2018 for the grant of service connection for PTSD is warranted. In this case, the Veteran filed his initial claim for service connection for PTSD on December 19, 2016 and was first diagnosed with PTSD on March 23, 2018. While a May 2018 VA examiner found that the Veteran did not meet the diagnostic criteria for PTSD, this evidence is in equipoise. Accordingly, entitlement to service connection for PTSD arose on March 23, 2018. The Board has considered the Veteran’s statements and the VA treatment records which note complaints of psychiatric symptoms prior to March 23, 2018, as well as the Veteran’s assertions that he had PTSD prior to March 23, 2018. However, there is no diagnosis of PTSD provided by a medical professional prior to that date. While the record contains a February 2018 letter from a VA psychologist noting a diagnosis of a “trauma/stressor-related disorder,” that letter does not provide any diagnosis of PTSD and the Veteran is not service connected for a trauma/stressor-related disorder. While the Veteran is competent to report experiencing psychiatric symptoms prior to March 23, 2018, he is not competent to provide a diagnosis of PTSD. Diagnosing PTSD is medically complex as it requires specialized medical education. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). The Veteran does not have the medical expertise or training to offer a competent medical diagnosis for these issues. By contrast, the available competent evidence of record reveals that PTSD was first diagnosed on March 23, 2018. In sum, entitlement to service connection for PTSD arose on March 23, 2018, but no earlier. Therefore, an effective date of March 23, 2018 for the grant of service connection for PTSD is granted. LAURA E. COLLINS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Paul J. Bametzreider 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.