Citation Nr: 21010797 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 16-47 375 DATE: February 25, 2021 ORDER Entitlement to an effective date earlier than February 23, 2015, for an award of service connection for posttraumatic stress disorder (PTSD) is denied. FINDINGS OF FACT 1. A May 25, 2005, claim for service connection for a psychiatric condition was denied in October 2005. The Veteran initiated an appeal of that decision, but in August 2007 apprised VA in a signed submission that she was withdrawing her appeal. The October 2005 decision is final. 2. A claim to reopen the previously denied service connection claim for a mental condition was received February 23, 2015. There is no document in the record that can be construed as a pending formal or informal claim for service connection or a claim to reopen the previously denied claim prior to February 23, 2015. CONCLUSION OF LAW The criteria for entitlement to an effective date earlier than February 23, 2015, for an award of service connection for PTSD have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1984 to May 1989. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in February 2019. The transcript is of record. The claimant has not raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). 1. Entitlement to an effective date earlier than February 23, 2015, for an award of service connection for PTSD The statutory guidelines for the determination of an effective date of an award of disability compensation are set forth in 38 U.S.C. § 5110. Unless specifically provided otherwise in Chapter 51 of Title 38 of the U.S. Code, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase of compensation shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. 38 U.S.C. § 5110 (a).      The regulation that implements this statute is 38 C.F.R. § 3.400. Except as otherwise provided, the effective date of an evaluation and award of 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 C.F.R. § 3.400.      Based on the law, the effective date is either the date of claim or the date entitlement arose, whichever is later. Thus, the Board must first determine the date of claim and the date entitlement arose In this case, the Veteran first filed a claim for an acquired psychiatric condition on May 25, 2005. This claim was denied in an October 2005 rating decision. The Veteran initiated an appeal of the decision by filing a Notice of Disagreement. 38 U.S.C. § 7105; 38 C.F.R. § 20.201 (2018). A Statement of the Case was issued in June 2007. In August 2007, the Veteran submitted a signed written document explaining that she wished to withdraw her appeal. 38 C.F.R. § 20.204 (2018). No substantive appeal was filed. 38 U.S.C. § 7105; 38 C.F.R. § 20.202 (2018). As a result, the October 2005 rating decision became final and the May 2005 claim was finally adjudicated in that decision. Thus, this claim is not a pending claim. 38 C.F.R. § 2.160(c). The next claim filed in connection with the Veteran’s psychiatric condition, was a request to reopen the previously denied claim for service connection for an acquired psychiatric condition received on February 23, 2015. Between October 2005 and February 2015, the record contains no document that can be construed as a formal or informal claim for benefits for a mental condition. Thus, as stated, the October 2005 rating decision is a final disallowance, and the February 23, 2015 claim constitutes a claim to reopen after a final disallowance. February 23, 2015, the date the claim to reopen was received, is the date of claim. Accordingly, even assuming that entitlement to the benefit sought arose prior to February 23, 2015, that date is the earliest available, as it would represent the latter of the two dates (between the date entitlement arose and the date of claim). 38 C.F.R. § 3.400. In sum, there is no basis for entitlement to an earlier effective date in this case under the law, and the claim for an effective date prior to February 23, 2015, for the award of service connection for PTSD is denied. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Z. Sahraie, 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.