Citation Nr: A21017347
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 191120-45975
DATE: October 27, 2021

ORDER

The Veteran is entitled to an effective date of November 2, 2018 for the award of a 100 percent rating for his service-connected posttraumatic stress disorder (PTSD).

FINDING OF FACT

VA received the Veteran's claim for an increased rating for his service-connected PTSD on November 2, 2018. 

CONCLUSION OF LAW

The criteria for an earlier effective date for the increased rating of 100 percent for PTSD have been met. 38 U.S.C. §§ 5103, 5103A, 5110; 38 C.F.R. § 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1973 to June 1978 and from January 1979 to April 1987.

On appeal began is a July 2019 rating decision issued by a Department of Veteran Affairs (VA) Regional Office (RO).

In September 2019, the Veteran filed Form 20-0995, Decision Review Request: Supplemental Claim, indicating he had new and relevant evidence to submit for VA to consider. 

In November 2019, the Veteran filed Form 10182 Notice of Disagreement (NOD) and opted to continue his appeal by having a Hearing with a Veteran Law Judge (VLJ). The Veteran indicated he was challenging the evaluation of PTSD and effective date.

Prior to the fearing with a VLJ, in a March 2020 rating decision, the RO granted an increased rating of 100 percent for PTSD effective November 20, 2019. As the grant of a 100 percent rating for PTSD represents a total grant of the benefit sought on appeal, the claim for an increased rating for PTSD is no longer before the Board of Veterans' Appeals (Board).  However, the remaining claim of an earlier effective date remains before the Board for adjudication.

In September 2021, a virtual hearing before the undersigned was held.

The matter is now before the Board for appellate review.

Entitlement to an earlier effective date for the increased rating of 100 percent for PTSD.

Generally, 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. 

In an October 2006 rating decision, the Veteran was granted service-connection for PTSD and assigned a 30 percent rating effective February 14, 2006. 

On November 2, 2018, the Veteran filed a claim seeking an increased rating for his service-connected PTSD. As such, the date of receipt of claim was November 2, 2018.

Upon review of the Veteran's claim file, the Board finds consistent symptomatology of PTSD that supports a 100 percent rating dating back to March 29, 2018. Of particular note is the March 29, 2018, Disability Benefits Questionnaire that noted the Veteran exhibited symptoms in the 100 percent rating, such as intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene. Also of note is the April 11, 2019, VA examiner who stated the Veteran's PTSD symptom combinations are productive of total occupational and social impairment. Lastly, also of note is an August 2019 letter from a private examiner with Florida Behavioral Medicine who stated the Veteran continues to struggle daily with PTSD and continues to have episodes of irritable behavior and angry outbursts with little to no provocation. These episodes have occurred mostly in public/crowded places and during these verbal or physical altercations, he suffers from dissociative reactions where he can have complete loss of awareness of his present surroundings. Based on this evidence, the Board has determined that the date entitlement arose was March 29, 2018.

As the date of claim (November 2, 2018) is later than the date entitlement arose (March 29, 2018), the Veteran's request for an earlier effective date is granted. The effective date of his award of a 100 percent rating for PTSD shall be changed from November 20, 2019 to November 2, 2018  the date of his claim.

 

 

M. Mills

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Jiggetts

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.