Citation Nr: 21005621 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 19-25 681 DATE: February 2, 2021 REMANDED Entitlement to an earlier effective date and original evaluation for post-traumatic stress disorder (PTSD) (previously rated as conversion reaction), including based on clear and unmistakable error (CUE), is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from July 1965 to April 1968, including service in Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in December 2020. Effective Date Here, although the Veteran has couched his claim as an earlier effective date for PTSD, his statements and testimony reveal that he is actually challenging, on the basis of CUE, the ratings assigned for his service-connected psychiatric disability. The record shows that upon discharge from service, the Veteran filed a claim of service connection for psychiatric disability, which was denied by the RO in a May 1968 rating decision. In an August 1968 rating decision, however, the RO granted service connection for conversion reaction and assigned a 10 percent rating under Diagnostic Code 9402, effective April 9, 1968, the day following the Veteran’s discharge from active duty. In a November 2007 rating decision, the RO granted service connection for PTSD and recharacterized the Veteran’s psychiatric disability as PTSD (previously rated as conversion reaction and conversion disorder). In doing so, the RO increased the rating of the Veteran’s psychiatric disability to 50 percent, effective July 17, 2007, the date the Veteran’s PTSD claim was received at the RO. The RO also assigned an effective date of July 17, 2007, for the now recharacterized psychiatric disability, i.e. PTSD, thus establishing service connection for PTSD, effective April 9, 1968. See Baughman v. Derwinski, 1 Vet. App. 563 (1991). Thereafter, in a December 2012 rating decision, the RO increased the rating of the Veteran’s PTSD to 70 percent, effective September 26, 2012. Thus, as a matter of law, service connection for PTSD is in effect since April 9, 1968. Baughman. The Veteran, in essence, is not challenging the effective of service connection for PTSD, but rather the ratings assigned, and he has asserted CUE in those assigned evaluations. To date, the RO has adjudicated the timeliness of those Notices of Disagreement (NODs) but has not adjudicated, on the basis of the CUE, his allegation of CUE regarding the ratings for his service-connected psychiatric disability. Further, the Board observes that entitlement to an earlier effective date was adjudicated in a May 2018 rating decision. The Veteran filed a timely NOD. See April 2019 NOD. In June 2019, the RO issued a statement of the case (SOC) addressing whether the Veteran’s NOD received on September 9, 2017, was timely to challenge the August 1968 rating decision notification. However, as noted above, this SOC does not actually address the issue before the Board or address the procedural history as outlined above. The Veteran properly filed a timely NOD to the RO’s May 2018 finding that an earlier effective date was not warranted, including based on CUE. As a result, remand is warranted for the issuance of a SOC that addresses the issue on appeal. Further, the Veteran contends that an earlier effective date is warranted because there was CUE in the May and August 1968 rating decisions related to his claim of service connection for a psychiatric disorder. More specifically, he asserts that the RO’s findings that he had a conversion disorder was erroneous and that his schizoid disorder did not pre-exist service. He asserts that his schizoid disorder resulted from his combat service in Vietnam. Currently, there are military personnel records associated with his claims file. The 1968 rating decisions make reference to mental health treatment the Veteran received in service. Military personnel records show that the Veteran was ultimately separated from service following a psychiatric episode. However, the Veteran’s service treatment records are not currently associated with this claims file. As these records are essential, remand is also warranted to obtain these records. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records. 2. Make reasonable efforts to obtain the Veteran’s service treatment records. All attempts to obtain these records should be clearly documented. If it is found that such records do not or exist or are unavailable, this finding must be clearly noted by the RO. 3. Issue a statement of the case (SOC) specifically addressing the evaluations assigned for the Veteran’s service-connected psychiatric disability, now defined as PTSD, including on the basis of clear and unmistakable error (CUE). STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.Ijitimehin, 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.