Citation Nr: 21077443 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 20-00 717 DATE: December 29, 2021 ORDER An effective date of March 21, 2017, but no earlier, for the grant of service connection for posttraumatic stress disorder (PTSD) is granted. FINDINGS OF FACT 1. The medical evidence weighs in favor of finding the Veteran was diagnosed with PTSD on March 15, 2017. 2. The Veteran's claim for service connection was received on March 21, 2017, after the date entitlement to service connection for PTSD arose. CONCLUSION OF LAW The criteria for an effective date of March 21, 2017, but no earlier, for the grant of service connection for PTSD have been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from April 1965 to April 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In October 2021, the Veteran presented testimony at a hearing before the undersigned Veterans Law Judge. A transcript is on record. An effective date of March 21, 2017, but not earlier, for the grant of service connection for PTSD is granted. The Board finds March 21, 2017 is the proper effective date for the Veteran's grant of service connection for PTSD. Unless specifically provided otherwise, the effective date of an award based on an original claim, a claim reopened after a final disallowance, or a claim for increase, will 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. Here, the Veteran filed his claim for service connection for PTSD on March 21, 2017. The Board acknowledges the Veteran's signature dated March 17, 2017; however, the mailing date stamp denoting receipt by VA indicates it was received on March 21, 2017. There are no communications prior to this filing that indicate the Veteran wished to pursue a claim for PTSD. Pertinent medical evidence from this time shows the Veteran was diagnosed on March 15, 2017 with PTSD by a mental health clinical nurse specialist, who found the Veteran exhibited symptoms of "recurrent memories, avoidance of triggers for memories, arousal symptoms, and feelings of guilt." Notably, although the mental health nurse specialist did not list the criteria for a PTSD diagnosis, "[m]ental health professionals are experts and are presumed to know the DSM requirements applicable to their practice and to have taken them into account in providing a PTSD diagnosis." Cohen v. Brown, 10 Vet. App. 128, 140 (1997). In April 2017, the Veteran was provided a mental health VA examination. A psychologist found the Veteran did not meet the criteria necessary for a PTSD diagnosis, and provided an explanation for this finding. In July 2017, the Veteran was provided another mental health VA examination. This examiner, also a psychologist, found the Veteran met the criteria for a PTSD diagnosis and related the Veteran's PTSD to his military service. The Veteran was subsequently granted service connection for PTSD. Following the Veteran's grant of service connection for PTSD, VA medical treatment records show continuing treatment for PTSD. His mental health providers have not suggested a change to this diagnosis. Based on the foregoing, the Board finds the medical evidence weighs in favor of finding the Veteran had a current diagnosis of PTSD as of March 15, 2017. Despite the cogent explanation provided by the April 2017 VA psychologist as to why the Veteran did not meet the criteria for PTSD, the opinion is outweighed by the March 2017 diagnosis made by a nurse specialized in mental health treatment, the July 2017 diagnosis made by another psychologist, and the Veteran's continuing treatment for PTSD rather than another psychiatric condition. (Continued on the next page) As such, the Veteran's entitlement to PTSD arose on March 15, 2017. Considering the date of the claim is later than the date entitlement arose, the Board finds the effective date for the grant of service connection for PTSD to be March 21, 2017, the date of the claim. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.A. Infante, 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.