Citation Nr: 21062649 Decision Date: 10/08/21 Archive Date: 10/08/21 DOCKET NO. 18-47 106 DATE: October 8, 2021 ORDER Entitlement to an effective date of March 31, 2012, but no earlier, for the award of service connection for posttraumatic stress disorder (PTSD) with major depressive disorder is granted. FINDINGS OF FACT 1. In April 2012, within one year of separation from service, the Veteran filed a claim for service connection for PTSD; the RO denied service connection for PTSD in a January 2013 rating decision. 2. The Veteran filed a timely notice of disagreement with the January 2013 rating decision and subsequently perfected the appeal by filing a VA Form 9 in August 2015. 3. The evidence shows that the Veteran's PTSD was present at the time of his filing his initial claim in April 2012. CONCLUSION OF LAW The criteria for entitlement to an effective date of March 31, 2012, but no earlier, for the award of service connection for PTSD with major depressive disorder have been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Navy from December 2009 to March 2012. For his meritorious service, the Veteran was awarded, among other decorations, the Afghanistan Campaign Medal and the Combat Action Ribbon. This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In July 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Entitlement to an effective date of March 31, 2012, but no earlier, for the award of service connection for PTSD with major depressive disorder. The statutory guidelines for the determination of an effective date of an award of disability compensation are set forth in 38 U.S.C. § 5110. Except as otherwise provided, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after a 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; 38 C.F.R. § 3.400. In cases involving direct service connection, the effective date will be the day following separation from active service or the date entitlement arose if the claim is received within one year after separation from service. Otherwise, the effective date will be the date of receipt of the claim, or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400 (b)(2)(i). On April 19, 2012, within one year of separation from service, the Veteran filed a claim for service connection for PTSD. In a January 2013 rating decision, the RO denied service connection for PTSD. In March 2013, the Veteran filed a notice of disagreement (NOD) with regard to the issue. In June 2015, the RO issued a statement of the case (SOC), and in August 2015, the Veteran submitted a VA Form 9 to perfect his appeal. In February 2015, the Veteran was afforded a VA examination for his PTSD. Although the VA examiner did not diagnose the Veteran with PTSD under the DSM-5 criteria, the Veteran had symptoms that included depressed mood, anxiety, and suspiciousness. The Veteran reported that his symptoms started immediately after the IED blast (in-service stressor). In a September 2015 VA treatment record, the Veteran reported that he had been seen for mental health in 2012, but at the time, he did not want to talk about it; his symptoms worsened since then. In May 2017, the Veteran was afforded a VA examination for PTSD. The VA examiner noted that the Veteran had a diagnosis of PTSD that conformed to the DSM-5 criteria. The VA examiner opined that it was at least as likely as not that the Veteran's PTSD was incurred in or caused by an IED blast in Afghanistan during service. The Veteran denied having psychiatric problems or treatment prior to joining the military. During the military, the Veteran was involved in an IED explosion in which he was injured and feared for his life. He had since developed symptoms of PTSD that impacted his functioning. In a July 2017 rating decision, the RO granted service connection for PTSD with major depressive disorder with an evaluation of 50 percent effective April 26, 2017. In August 2017, the Veteran subsequently filed an NOD with the assigned effective date; he argued that the effective date of the award should date back to April 19, 2012, the date he initially submitted his claim for service connection for PTSD. Later, the Veteran timely perfected his appeal. See November 2017 VA Form 9. In July 2021, the Veteran testified at a hearing held before the Board. The Veteran reasserted that he had symptoms of PTSD during the time he initially filed the claim in 2012. Based on the medical and lay evidence of record, the Board finds that the effective date for the award of service connection for PTSD should be March 31, 2012 (the day after the Veteran separated from service). The Veteran originally filed his claim on April 19, 2012. The RO denied the issue in a January 2013 rating decision. The January 2013 rating decision never became final because the Veteran perfected his appeal by filing a timely VA Form 9 in August 2015. The Board finds the Veteran's statements that he had symptoms of PTSD since military service to be credible, and the medical evidence reflects that the Veteran's PTSD is related to his active service. The Veteran is competent to report symptoms of a disability. Layno v. Brown, 6 Vet. App. 465, 470 (1994). The Board could be pedantic and remand this claim for a determination of whether the Veteran's PTSD was present prior to the official diagnosis, but given the Veteran's statements regarding his symptoms and the determination of the VA examiner, such a remand would only needlessly delay this case. Instead, the Board shall resolve all reasonable doubt in favor of the Veteran and find that his PTSD was present at the point he first filed his claim. Thus, since the Veteran filed his claim for service connection for PTSD within one year of separation from military service, the award of service connection should date back to March 31, 2012 (the day after separation from service), but no earlier. Entitlement to an earlier effective date of March 31, 2012, but no earlier, for the award of service connection for PTSD with major depressive disorder is granted. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Crawford, 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.