Citation Nr: 21061770
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 12-31 482A
DATE: October 5, 2021

ORDER

An earlier effective date of March 3, 1975 for the award of service connection for posttraumatic stress disorder (PTSD) is granted.

FINDINGS OF FACT

1. The Veteran was honorably discharged from service on December 12, 1969, and a claim for service connection for PTSD or any other psychiatric disorder was not filed within one year of discharge.

2. The Veteran filed an application for compensation on March 3, 1975 for "nerves," which the Board construes as a claim for service connection for a nervous psychiatric disorder.

3. The claim was denied in a September 1975 rating decision, but there is no evidence of record that the Veteran was notified of this denial.

CONCLUSION OF LAW

The criteria for an effective date of March 3, 1975 for the service-connected PTSD have been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400(b)(2)(i). 

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from November 1967 to December 1969. This matter is on appeal from an April 2010 rating decision issued by the Regional Office (RO). This case involves multiple Board remands. Most recently, this issue was adjudicated in a May 2021 rating decision, when the RO assigned an earlier effective date of June 18, 1986 for a 50 percent rating for the PTSD. A supplemental statement of the case was issued in May 2021.  

Duties to Notify and Assist

The Board finds that the duties to notify and assist the Veteran in this case have been fulfilled. Neither the Veteran nor the representative has raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015). 

An Earlier Effective Date of March 3, 1975 for Service Connection for PTSD is Granted.

The Veteran generally appeals for an earlier effective date prior to June 18, 1986 for the award of service connection for PTSD.

An award of direct service connection will be effective on the day following separation from active military service or the date on which entitlement arose if the claim is received within one year of separation from service; otherwise, the effective date for an original claim for service connection is the receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5100(a); 38 C.F.R. § 3.400(b)(2)(i).

In this case, the Veteran separated from active service on December 12, 1969 and no claim for service connection for PTSD, or any other psychiatric disorder, was filed within one year of service separation. The Veteran filed an application for compensation or pension on March 3, 1975 for service connection for "nerves," which the Board construes as a claim for service connection for a nervous psychiatric disorder. The Veteran submitted to a VA examination in June 1975, which, in part, assessed his psychiatric state and diagnosed as explosive personality disorder with anxiety symptoms. The claim was denied in a September 1975 rating decision; however, there is no evidence of record that the Veteran was notified of this denial. For this reason, the Board finds that this claim for service connection remained open. As such, the Board finds that an earlier effective date of March 3, 1975, the date the Veteran filed an application for compensation or pension on for service connection for "nerves," is warranted. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400(b)(2)(i).

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Costantino, 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.