Citation Nr: 21074498 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 18-24 073 DATE: December 15, 2021 ORDER Entitlement to an effective date prior to June 27, 2014 for the grant of service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT The October 2015 rating decision awarding service connection for PTSD was not based all or in part on the service department records that were not before VA at the time of the initial decision on the claim. CONCLUSION OF LAW The criteria for an effective date prior to June 27, 2014 for the grant of service connection for PTSD have not been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.156, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1984 to June 1987 and August 1987 to June 1991. A December 2020 Board decision denied an effective date prior to June 27, 2014 for the grant of service connection for PTSD. The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims. In July 2021, the Court issued an order that vacated the Board's decision and remanded the matter on appeal for adjudication consistent with the Joint Motion for Remand (JMR) by the parties. Entitlement to an effective date prior to June 27, 2014 for the grant of service connection for PTSD The Veteran contends entitlement to an effective date prior to June 27, 2014 for the grant of service connection for PTSD. Specifically, the Veteran's attorney contends an effective date of June 4, 1991 is warranted under 38 C.F.R. § 3.156(c), as the Veteran filed a claim for service connection for psychiatric disability within a year of his June 1991 military discharge and new and relevant service records were associated with the claims file after the denial of that claim. See November 2021 brief. A claimant may reopen a prior final decision by submitting new and material evidence. 38 C.F.R. § 3.156(a). 38 C.F.R. § 3.156(c)(1) provides an exception to this rule and states at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding 38 C.F.R. § 3.156(a). 38 C.F.R. § 3.156(c)(3) states an award based all or in part on the records identified by § 3.156(c)(1) is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later. As a matter of law, the Board must deny entitlement to an effective date prior to June 27, 2014 for the grant of service connection for PTSD. An October 2015 rating decision granted service connection for PTSD. In June 2019, the Veteran submitted service department records that were not already associated with the file, which included a unit history showing the Veteran's unit participated in an operation from February 25, 1991 to February 27, 1991, which the unit had to refuel under fire and locate and force surrender of all enemy combatants, as well as showing a solider in the Veteran's unit was found dead after being run over in his foxhole during the night. Even if it is assumed the service department records received in June 2019 were relevant to warrant reconsideration under 38 C.F.R. § 3.156(c)(1), the October 2015 award of service connection for PTSD was not based all or in part on the service department records to warrant entitlement to an earlier effective date. See 38 C.F.R. § 3.156(c)(3). In Blubaugh v. McDonald, 773 F.3d 1310, 1313 (Fed. Cir. 2014), the Court held 38 C.F.R. § 3.156(c) applies when VA receives official records that were previously unavailable and those records lead VA to award a benefit that was not granted in the previous decision. In Jones v. Wilkie, 964 F.3d 1374 (Fed. Cir. 2020), the Court held that mere reconsideration of a claim under 38 C.F.R. § 3.156(c)(1) does not necessitate the assignment of an effective date under 38 C.F.R. § 3.156(c)(3). Rather, when determining whether an earlier effective date is warranted under 38 C.F.R. § 3.156(c)(3), the question is whether the award of benefits was based all or in part on service department records that existed and had not been associated with the file when VA first decided the claim. Id. In Flores-Vazquez v. McDonough, 996 F.3d 1321 (Fed. Cir. 2021), the Court held if the award of benefits is "not predicated in any way on records that were not before the [VA] at the time of the initial decision on the claim," then "the proper effective date [is] the date of the request for reopening, not the date of the initial claim." Here, the October 2015 award of service connection for PTSD was not predicated in any way on the service department records that were not before VA at the time of the initial decision on the claim. This is evidenced by the October 2015 rating decision granting service connection for PTSD being issued prior to the service department records being added to the claims file in June 2019. As such, the proper effective date for the award of service connection is the date of request for reopening, June 27, 2014. The Veteran has not contended, nor does the record support, VA received an informal or formal claim to reopen before June 27, 2014 since the last final decision in October 2001. Neither the Veteran nor his attorney raised any other issues, nor have any other issues been reasonably raised by the record. See Doucette v. Shulkin, 28 Vet. App. 366, 369-70 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). Accordingly, an effective date prior to June 27, 2014 for the grant of service connection for PTSD is denied. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Winkler, 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.