Citation Nr: 21076733 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 20-08 700A DATE: December 27, 2021 ORDER Entitlement to an effective date prior to December 23, 2010 for the grant of service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT Prior to December 23, 2010, there was no formal or informal claim for benefits for a psychiatric condition, to include any indication the Veteran intended to seek benefits for a psychiatric condition. CONCLUSION OF LAW The criteria for an effective date prior to December 23, 2010 for the grant of service connection for PTSD have not been met. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the U.S. Army from January 1969 to January 1975. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2019 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Board has jurisdiction to review this appeal. In August 2021, the Board remanded this claim for issuance of a statement of the case (SOC) based on a finding that the AOJ had not addressed the issue in the February 2020 SOC. Further review of the February 2020 SOC shows that the issue of entitlement to an earlier effective date for the grant of service connection for PTSD was addressed in the body of the SOC, despite not being listed as a separate issue. Consequently, there is no need for issuance of another SOC and the issue is properly before the Board. Discussion On his December 2019 notice of disagreement (NOD), the Veteran requested an earlier effective date for the grant of service connection for PTSD. Neither the Veteran nor his attorney have offered any argument as to why entitlement to an earlier effective date is warranted. Generally, the effective date of an award of disability compensation based on an original claim shall be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. Unless otherwise provided, the effective date of compensation will be fixed in accordance with the facts found but will not be earlier than the date of receipt of the claimant's application. 38 U.S.C. § 5110(a). Prior to March 24, 2015, a claim was "a formal or informal communication in writing requesting a determination of entitlement, or evidencing a belief in entitlement, to a benefit." 38 C.F.R. § 3.1(p). An informal claim is "[a]ny communication or action indicating intent to apply for one or more benefits." 38 C.F.R. § 3.155(a). VA must look to all communications from a claimant that may be interpreted as applications or claimsformal and informalfor benefits and is required to identify and act on informal claims for benefits. Servello v. Derwinski, 3 Vet. App. 196, 198 (1992). The essential elements for any claim, whether formal or informal, are: (1) an intent to apply for benefits; (2) an identification of the benefits sought; and (3) a communication in writing. Brokowski v. Shinseki, 23 Vet. App. 79, 84 (2009); MacPhee v. Nicholson, 459 F. 3d 1323, 1326-27 (Fed. Cir. 2006) (holding that the plain language of the regulations requires a claimant to have intent to file a claim for VA benefits). Regarding the date of entitlement, the term date entitlement arose is the date when the claimant met the requirements for the benefits sought, on a facts-found basis. 38 U.S.C. § 5110(a); McGrath v. Gober, 14 Vet. App. 28, 35 (2000). Here, VA received the Veteran's claim for benefits on December 23, 2010. Although the Veteran indicated that he wanted an increase in benefits for service-connected PTSD, service connection for PTSD was not in effect at the time. Prior to December 23, 2010, there was no communication from the Veteran that could be interpreted as an intent to seek benefits for PTSD. Although the Veteran filed other claims during that time, he did not mention any psychiatric condition or symptoms. The earliest date of claim is December 23, 2010. Even if the Veteran's PTSD manifested prior to December 23, 2010, the regulations provide that the effective date is based on the later receipt of the initial claim for benefits. Therefore, the criteria for an effective date prior to December 23, 2010 for the grant of service connection for PTSD are not met and the claim is denied. B. J. KOMINS Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Smith, 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.