Citation Nr: A21017486 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 190712-23604 DATE: October 28, 2021 ORDER Entitlement to an effective date of November 16, 2005, for the grant of service connection for unspecified schizophrenia spectrum and other psychotic disorder is granted. FINDINGS OF FACT 1. The November 16, 2005 claim of service connection for PTSD was denied in a July 5, 2006 rating decision. 2. On July 17, 2006, after the promulgation of the rating decision denying service connection for PTSD, VA received new and material evidence describing the Veteran's in-service stressor. 3. No determination was made as to whether the evidence received within one year of the July 5, 2006 rating decision was new and material. CONCLUSION OF LAW The criteria for an effective date of November 16, 2005, for the establishment of service connection for unspecified schizophrenia spectrum and other psychotic disorder have been satisfied. 38 U.S.C. §§ 5108, 5110, 7104; 38 C.F.R. §§ 3.156, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran has active service from October 1973 to February 1974. This matter is on appeal from a December 2018 rating decision adjudicated under the Rapid Appeals Modernization Program (RAMP). In July 2019, VA received a VA Form 10182, Notice of Disagreement, in which the Veteran requested Hearing review by a Veterans Law Judge. In September 2019, the Veteran's representative submitted a 10182 requesting Direct Review. In September 2021, the Board granted a docket switch to the Direct Review docket. In September 2018, October 2018, and June 2019, the Veteran submitting correspondence alleging that a clear and unmistakable error (CUE) was made in an April 19, 1974 rating decision denying service connection for an acquired psychiatric disorder. In September 2019 and October 2019, the Veteran's representative submitted additional argument regarding CUE. The RO did not adjudicate the CUE issue. Therefore, the Board cannot adjudicate that issue. The Veteran may file a Supplemental Claim or notify the RO that the issue is still pending. 1. Entitlement to an earlier effective date for service connection of unspecified schizophrenia spectrum and other psychotic disorder is denied. In October 2017, the RO granted service connection for unspecified schizophrenia spectrum and other psychotic disorder from April 24, 2012. The Veteran timely appealed the effective date of that award. Where evidence is submitted within one year of a rating decision, VA is required to determine whether the evidence constitutes new and material evidence relating to the earlier claim. See Bond v. Shinseki, 659 F.3d 1362, 1367 (Fed. Cir. 2011); Buie v. Shinseki, 24 Vet. App. 242 (2010); 38 C.F.R. § 3.156(b). Until such a determination is made, the claim does not become final. See Beraud v. McDonald, 766 F.3d 1402, 140607 (Fed. Cir. 2014). In August 1996, the RO denied service connection for a mental disorder. Within one year of that decision, the Veteran did not submit an appeal and did not submit new and relevant evidence. On November 16, 2005, the Veteran submitted a VA 21-4138, in which he explained that he "is filing this new claim because [he] suffered a nervous breakdown in the military and [had] been suffering mental and medical conditions" since that time. On July 5, 2006, the RO denied this claim. On July 17, 2006, the Veteran submitted a VA 21-0781, describing the details of his in-service stressor. The RO never addressed this evidence. On April 24, 2012, the Veteran filed a new claim of service connection for a mental condition. After several denials and a Board remand, in October 2017 the Veteran was awarded service connection for unspecified schizophrenia spectrum and other psychotic disorder from April 24, 2012. The Board finds that the VA 21-4138 was the first filing submitted after the August 1996 rating decision that indicates an intent to apply for VA benefits. Prior to this, the Veteran submitting filings addressing other later decisions and medical records. None of these filings expressed a desire to apply for VA benefits. (Continued on the next page) Following the July 17, 2006 submission of the VA 21-0781, the RO did not determine the character of the evidence or readjudicate the Veteran's service connection claim until October 2017. As no determination was made as to whether the evidence received by the RO on July 17, 2006, constituted new and material evidence, that rating decision did not become final. Moreover, the evidence of record shows evidence of in-service psychiatric problems that continued after service. Thus, the criteria for an effective date of November 16, 2005, for unspecified schizophrenia spectrum and other psychotic disorder have been met. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Cannon, Brian 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.