Citation Nr: 21068286
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 18-45 503
DATE: November 9, 2021

ORDER

Entitlement to an effective date for service connection for posttraumatic stress disorder (PTSD) is denied.

FINDING OF FACT

On February 24, 2017, the Veteran submitted a VA 21-526EZ, Fully Developed Claim (Compensation) with an accompanying VA 21-0781, Statement in support of claim for PTSD.

CONCLUSION OF LAW

The Veteran is not entitled to an earlier effective date for the grant of service connection for PTSD. 38 U.S.C. §§5107, 5110; 38 C.F.R. §§3.151, 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1968 to February 1990. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In August 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file.

Entitlement to an effective date for service connection for posttraumatic stress disorder (PTSD)

The Veteran contends that he is entitled to an earlier effective date for his award of service connection for PTSD because he began experiencing symptoms decades before he applied for the benefit. 

The Board notes that the Veteran's VA treatment records contained in the file do not contain any diagnosis or treatment of PTSD prior to the date of the application for service connection for PTSD. A review of the Veteran's VA medical records indicate that he had negative PTSD screens in August 2007 and April 2013. The Board also notes that no psychiatric impairments were noted in an April 2012 review of symptoms. 

Except as otherwise provided, the effective date of an evaluation and award of 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. § 5100; 38 C.F.R. § 3.400. If a claim for disability compensation is received within one year after separation from service, the effective date of entitlement is the day following separation or the date entitlement arose; otherwise, it is the date of receipt of claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400. A specific claim in the form prescribed by VA must be filed in order for benefits to be paid or furnished to any individual under the laws administered by VA. 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151(a).

The Veteran did not allege any mental health conditions in any communications with the VA prior to February 24, 2017, the date the VA received the Veteran's claim for service connection for PTSD. The Board sympathizes with the Veteran, but, unfortunately, there is no way to grant an earlier effective date outside of the provisions discussed above. As such, the claim for an earlier effective date for the grant of service connection for PTSD is denied. 

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M.D. Taylor, 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.