Citation Nr: 21073174 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 17-51 279 DATE: December 7, 2021 ORDER An effective date of January 30, 2009, but no earlier, for service connection for major depressive disorder (MDD) is granted. FINDING OF FACT The Veteran's claim for MDD was initially raised on January 30, 2009. CONCLUSION OF LAW The criteria for establishing entitlement to an effective date of January 30, 2009, but no earlier, for service-connected MDD are met. 38 U.S.C. §§ 1114, 5110; 38 C.F.R. §§ 3.155, 3.400 REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had service in the Army Reserves with active duty for training (ACDUTRA) service from February 1980 to August 1980 and in the Army National Guard from September 1984 to November 1989. The Veteran had active duty service from January 1990 to August 1993. The Veteran is barred from receiving VA benefits for this period of service between January 1990 and August 1993 as his service was characterized as dishonorable. This matter has a long procedural history, including prior Board Decisions and appeals to the United States Court of Appeals for Veteran's Claims (CAVC), resulting in CAVC granting Joint Motions for Partial Remand (JMR) vacating portions of the Board's Decisions. The most recent JMR came in August 2021 when CAVC vacated a November 2020 Board Decision which granted an earlier effective date for the Veteran's MDD. Earlier Effective Date The assignment of effective dates of awards is generally governed by 38 U.S.C. § 5110 and 38 C.F.R. § 3.400. Unless specifically provided otherwise, the effective date of an award based on an original claim for service connection or a claim reopened after final adjudication, "shall be fixed in accordance with the facts found but shall not be earlier than the date of receipt of application therefore." 38 U.S.C. § 5110(a). The implementing regulation clarifies this to mean that the effective date of an evaluation and an award of compensation based on an original claim or a claim reopened after final disallowance, "will be the date of receipt of the claim or the date entitlement arose, whichever is the later." 38 C.F.R. § 3.400. MDD In this matter, CAVC instructed the Board to consider whether a January 2009 letter from the Veteran constituted an informal claim to reopen his claim for service connection for MDD. After consideration of the January 2009 letter and resolving any reasonable doubt in favor of the Veteran, the Board finds that the January 23, 2009, letter can be construed as an informal claim to reopen his claim for service connection for MDD and, thus, the basis of the effective date of his grant of service connection for MDD. The Board acknowledges that the Veteran's claim for MDD has a long procedural history which does not need to be fully recited herein as the Board is granting the Veteran the full relief he has sought. The record shows that VA received the Veteran's letter referencing his desire to reopen his claim for service connection for his acquired psychiatric disorder, referencing prior denials of direct service connection. In applying the regulations liberally and resolving any reasonable doubt in favor of the Veteran who was unrepresented at the time and attempting to navigate VA regulations on his own the Board finds that the letter constitutes a claim for service connection for his acquired psychiatric disorder, later diagnosed and service connected as MDD. The Board notes that this is a full grant of the benefit the Veteran has sought in his November 2021 post CAVC memorandum to the Board. As such, an effective date of January 30, 2009, but no earlier, for the effective date of service connection of MDD is granted. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish 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.