Citation Nr: 21012853 Decision Date: 03/05/21 Archive Date: 03/05/21 DOCKET NO. 19-35 812 DATE: March 5, 2021 ORDER Entitlement to an effective date prior to February 27, 2018 for the award of service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT Prior to February 27, 2018, there was no pending, unadjudicated claim for service connection for PTSD. CONCLUSION OF LAW The criteria for an effective date prior to February 27, 2018 for the award of service connection for PTSD have not been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.1, 3.104, 3.155, 3.156, 3.157, 3.159, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 2005 to March 2011. Earlier Effective Date Generally, and except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation (DIC) 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. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. If a claim for disability compensation, i.e., service connection, is received within one year after separation from service, the effective date of entitlement is the day following separation or the date entitlement arose. 38 C.F.R. § 3.400(b)(2)(i). A rating decision becomes final and binding if the Veteran does not timely perfect an appeal of the decision. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.104(a), 3.160(d), 20.200, 20.202, 20.302, 20.1103. For an award based on receipt of new and material evidence received within the appeal period or prior to an appellate decision, the effective date will be as though the former decision had not been rendered. 38 C.F.R. § 3.400(q)(1). The proper effective date for an award based on receipt of new and material evidence received after a final disallowance is the date of receipt of the claim to reopen or date entitlement arose, whichever is later. 38 U.S.C. § 5110(i); 38 C.F.R. §§ 3.400(q)(2), 3.400(r). 1. Effective date prior to February 27, 2018 for the award of service connection for PTSD The outcome of this claim rests on whether there was an earlier date of entitlement and an earlier date of claim, which did not have a final and binding disposition. In this case, the Board of Veterans’ Appeals (Board) observes that, although VA medical records reflect treatment for anxiety and depression prior to February 27, 2018, there was no pending, unadjudicated claim for service connection for a psychiatric disability of any sort prior to this date. The Veteran filed his initial claim for service connection for a psychiatric disability, specifically PTSD, on February 27, 2018. An August 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) granted service connection for PTSD and awarded a 70 percent disability rating effective February 27, 2018. The Veteran filed a timely notice of disagreement (NOD) in November 2018, in which he disagreed with the effective date of the award. A statement of the case (SOC) was issued in October 2019 and the Veteran perfected this appeal by filing a timely substantive appeal, via a VA Form 9, in November 2019. The applicable regulation is clear that the appropriate effective date for the award of service connection in this case is the date of receipt of claim or the date entitlement arose, whichever is later. Accordingly, as there was no pending, unadjudicated claim for service connection for a psychiatric disability of any sort, the proper effective date for the award of service connection for PTSD under 38 C.F.R. § 3.400 can be no earlier than February 27, 2018. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Saira Spicknall, 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.