Citation Nr: A21019308 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 200521-87849 DATE: December 3, 2021 ORDER An effective date of July 27, 2017 for the assignment of a 100 percent rating for posttraumatic stress disorder (PTSD) is granted. FINDING OF FACT Since July 27, 2017, the severity, frequency, and duration of the Veteran's PTSD symptoms more closely approximates total occupational and social impairment. CONCLUSION OF LAW The criteria for an effective date of July 27, 2017 for the assignment of a 100 percent rating for PTSD have been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Air Force with active duty from March 1998 to November 2009. A rating decision was issued under the legacy system in September 2017. In July 2018 the Veteran opted into the modernized review system, also known as the Appeals Modernization Act (AMA), by submitting a Rapid Appeals Modernization Program (RAMP) election form and selecting the supplemental claim lane. The agency of original jurisdiction (AOJ) issued a RAMP supplemental claim decision in January 2020, which is the decision on appeal. In the May 2020 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the RAMP supplemental claim decision on appeal. 38 C.F.R. § 20.301. The Veteran contends that his 100 percent rating for PTSD should have an effective date of July 27, 2017. For the following reasons, the Board agrees. Except as otherwise provided, the effective date of a rating 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 later. Regarding the award of an increased rating for compensation, the effective date shall be the earliest date that it is factually ascertainable that an increase in disability had occurred, if a claim is received within one year from that date. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. The Veteran sought an increased rating for his PTSD via a Fully Developed Claim and supporting documents received by VA on July 27, 2017. The Veteran's increased rating claim was granted in a January 2020 rating decision that assigned a rating of 100 percent effective December 31, 2019, the date of his VA examination. The Veteran contends that he has been exhibiting symptoms that warrant a 100 percent rating throughout the appeal period. The Veteran's PTSD is rated under Diagnostic Code (DC) 9411, which is part of the General Rating Formula for Mental Disorders found in 38 C.F.R. § 4.130. The maximum 100 percent rating is warranted for total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. The criteria listed above serve as examples of the type and degree of the symptoms effects that would justify a rating and are not meant to be an exhaustive list. Mauerhan v. Principi, 16 Vet. Ap. 436, 44244 (2002). Social and occupation impairment must be due to the symptoms listed for that rating level, "or others of similar severity, frequency, and duration." Vazquez-Claudio v. Shinseki, 713 F.3d 112, 114 (Fed. Cir. 2013). After a review of the record, the Board finds that since the initiation of his claim in July 2017 the Veteran's PTSD symptoms have manifested in the form of occupational and social impairment with deficiencies in most areas. An August 2017 VA examination noted that the Veteran was working at the time but was struggling. Specifically, the Veteran had to re-read things multiple times in order to grasp the material. It was also noted that the Veteran is confused, cannot organize, or think clearly, and is easily overwhelmed. The examiner stated that the Veteran loses track of time and had left things on the stove. Further, the Veteran was noted to forget where he is sometimes and thinks he is in a foreign country. Further, the Veteran's VA treatment records echo the findings of the August 2017 VA examination. Specifically, a July 2017 note states that the Veteran becomes frustrated because he has a difficult time staying focused. Further, the Veteran reported that he feels like he is in a fog and is having difficulty with his cognition, causing him frustration. (Continued on the next page) Accordingly, the Board finds that throughout the appeal period, the Veteran's PTSD has manifested itself with total occupational and social impairment. As such, an earlier effective date of his 100 percent rating is warranted. Seeing that these symptoms were identified just after the Veteran's filing the claim and continued throughout, an effective date of July 27, 2017, the date the claim was filed, is warranted. 38 C.F.R. § 3.400. ALEXIS M. PARRISH Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jorge Barroso, 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.