Citation Nr: 21007740 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 19-26 078A DATE: February 10, 2021 ORDER Entitlement to an earlier effective date of May 6, 2010, for the grant of entitlement to service connection for posttraumatic stress disorder (PTSD), is granted. FINDINGS OF FACT 1. The Veteran has continuously pursued the claim for service connection since his initial claim was received on May 6, 2010; the November 2016 rating decision granting service connection for PTSD is not final because the Veteran filed a notice of disagreement in October 2017. 2. No formal or informal claim for service connection was received prior to May 6, 2010. CONCLUSION OF LAW The criteria for an earlier effective date of May 6, 2010 for the grant of service connection for PTSD, have been met. 38 U.S.C. §§ 1155, 5101, 5103A, 5107, 5110; 38 C.F.R. §§ 3.151, 3.156, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active military service from February 1989 to June 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In December 2020, the Veteran testified before a Board hearing. The transcript of the hearing is of record. Earlier Effective Date Generally, the effective date for an award based on an original claim or a claim reopened after a final adjudication shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefore. 38 U.S.C. § 5110(a). Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation 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 the later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. The Veteran filed his claim for entitlement to service connection for PTSD on September 24, 2010. In a prior May 6, 2010 report of general information, the Veteran requested the status of his claims. PTSD was not listed as one of his “pending” claims. In a January 2012 rating decision, it was noted that the Veteran filed an original disability claim that was received on May 6, 2010. Several claims were denied in that rating decision, to include panic disorder, claimed as PTSD. In October 2012, the Veteran responded that he disagreed with the January 2012 rating decision and claimed that clear and unmistakable error occurred. See October 2012 Correspondence. Specifically, the Veteran stated that the June 2011 VA examination was fraught with errors. No statement of the case (“SOC”) was rendered. However, in a November 2016 rating decision, the RO granted service connection for PTSD and assigned a 50 percent rating as of April 30, 2013, the earliest date a confirmed diagnosis by a qualified physician was shown in the treatment records. See November 2016 Rating Decision – Narrative. The Veteran was notified of that decision in December 2016. Subsequently, in September 2017, the Veteran filed a claim for entitlement to an increased rating for service-connected PTSD. In a September 2017 rating decision, the RO informed the Veteran that his PTSD is consistent with a 50 percent rating with an effective date of April 30, 2013. The RO stated that based on 38 C.F.R. § 3.400(b)(2), original service connection based on a claim received more than a year after military separation is established from the date of receipt of claim, or date entitlement arose, whichever is later. As such, service connection was properly established from the date a confirmed diagnosis was shown in April 30, 2013. In October 2017, the Veteran filed a notice of disagreement requesting an earlier effective date for the grant of his service-connected PTSD. The Veteran stated the date should be in May 2010. As the Veteran filed a notice of disagreement in October 2017, within one year of the November 2016 rating decision, the Board finds that the November 2016 rating decision is not final. The Board notes that the May 2016 examiner diagnosed the Veteran with PTSD and opined that PTSD is at least as likely as not incurred in or caused by the claimed in-service injury, event or illness. The examiner explained that the Veteran’s medical records consistently describes a friendly fire incident and seeing dead bodies as traumatic stressors. The examiner determined that the Veteran most recently met the full diagnostic criteria for PTSD. The examiner further elaborated that although the Veteran was diagnosed with PTSD in a September 1998 Vet Center record, a full array of PTSD symptoms was not documented. In December 2008, the Veteran had a positive PTSD screen, but his PCL-C screening was not suggestive of a PTSD diagnosis. The examiner stated that in September 2009 the Veteran was diagnosed with adjustment disorder. The stressor noted was situational in terms of being divorced and being a single parent. In 2010, the Veteran reported having problems with his memory and in 2011 he had neuropsychological testing, but the testing was inconclusive due to over-reporting of negative symptoms. The Veteran was diagnosed with panic disorder as the full PTSD diagnostic criteria was not deemed to have been met. In 2012 and 2013, the Veteran was seen for psychiatric medication management. The Veteran was officially diagnosed with PTSD on April 30, 2013. As stated above, the effective date will be the date of the receipt of the claim or the date entitlement arose, whichever is the later. In this case, the evidence reflects that the date entitlement arose (i.e. the date the criteria for PTSD were met pursuant to 38 C.F.R. § 3.304(f)) was April 30, 2013. In this case, the receipt of claim was May 6, 2010, which is earlier than April 30, 2013. Nevertheless, the Board will resolve doubt and grant service connection for PTSD the date of receipt of the claim, May 6, 2010. Accordingly, the Veteran’s claim for an earlier effective date is granted, and May 6, 2010, the date listed on the January 2012 rating decision as the date of receipt of the claim for service connection for panic disorder (claimed as PTSD) that was denied, is assigned as the effective date for the grant of service connection. As no formal or informal claim for service connection for PTSD was received prior to May 6, 2010, this is the earliest possible date for the grant of service connection. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Noh, 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.