Citation Nr: 21013579 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 15-39 057A DATE: March 9, 2021 ORDER An effective date earlier than July 26, 2013, for the award of service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT The Veteran did not file a formal or informal service connection claim for PTSD prior to July 26, 2013; nor was the claim filed within a year of his separation from active service. CONCLUSION OF LAW The criteria for assignment of an effective date prior to July 26, 2013, for the award of service connection for PTSD have not been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.1, 3.155, 3.400 (2013). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from September 1984 to September 1995. The record reflects that the Veteran appeared for four Board of Veterans’ Appeals (Board) hearings stemming from his appeal in this matter, in August 2019, September 2019, October 2019, and January 2021. The August 2019 hearing transcript is unavailable, and such was explained to the Veteran. At the September 2019 hearing, the Veteran declined to give substantive testimony on the issue on appeal. Unfortunately, the recording of the October 2019 hearing was inaudible. The Veteran was notified of this, and requested to appear for another Board hearing virtually, which occurred in January 2021 before the undersigned Veterans Law Judge (VLJ). A transcript of the January 2021 Board hearing is of record, and is the only transcript of a Board hearing of record wherein the Veteran testified as to the merits of this appeal. Effective Date – Earlier Than July 26, 2013, For the Grant of Service Connection For PTSD The effective date for a grant of service connection is the day following the date of separation from active service or the date entitlement arose, if the claim is received within one year after separation from service. Otherwise, it is the date of receipt of claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a), (b); 38 C.F.R. § 3.400(b). At the time the Veteran filed his claim for service connection for PTSD, VA regulations defined a “claim” broadly to include a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. 38 C.F.R. § 3.1(p) (2013); Brannon v. West, 12 Vet. App. 32, 34-5 (1998); Servello v. Derwinski, 3 Vet. App. 196, 199 (1992). In this regard, the Board notes that the regulations defining a “claim” changed in March 2015. Here, as the appeal began prior to the change, the issue will be reviewed under the previous regulations. Under the pre-March 2015 framework, any communication or action indicating an intent to apply for one or more benefits under laws administered by VA from a claimant may be considered an informal claim. Such an informal claim must identify the benefits sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form would be forwarded to the claimant for execution. 38 C.F.R. § 3.155(a) (2013). To determine when a claim was received, the Board must review all communications in the claims file that may be construed as a claim. Quarles v. Derwinski, 3 Vet. App. 129, 134 (1992). On July 26, 2013, the Veteran filed a written statement which VA construed to be a claim for service connection for PTSD. Service connection for PTSD was granted by a June 2014 rating decision, which assigned an effective date of July 26, 2013. This appeal followed. The Veteran contends that an effective date earlier than July 26, 2013 for the grant of service connection for PTSD is warranted. The Board has reviewed all communications from the Veteran in the claims file. Prior to the Veteran’s filing of his claim for service connection for PTSD in July 2013, the record indicates that he never communicated anything to VA expressing an intent to apply for benefits for a psychiatric disability. In a written statement contained in his August 2014 notice of disagreement, the Veteran explained that he did not formally file a claim prior to July 2013, when he “finally ask[ed] the VA to help,” although he asserted that he experienced symptoms of this disability since his active duty. Accordingly, he has not identified any communication earlier than July 2013 which could be construed as a claim for benefits for his psychiatric disability. Rather, his testimony at the most recent January 2021 hearing focused on the fact that he had experienced symptoms of PTSD for years prior to filing his claim for benefits in 2013. Thus, there is no document of record, nor has the Veteran identified such, prior to July 26, 2013, which may be reasonably construed as a claim for service connection for a psychiatric disability or PTSD. Further, because the claim for service connection was received in July 2013—i.e., more than one year following the Veteran’s September 1995 separation from service, as a matter of law, the effective date can be no earlier than the date of receipt of the claim. While sympathetic to the Veteran’s belief that an earlier effective date is warranted, for the reasons outlined above, in this case, the Board is precluded from assigning (CONTINUED ON NEXT PAGE) an effective date prior to July 26, 2013, for the grant of service connection for PTSD. As such, the benefit sought on appeal must be denied. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Davidoski, 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.