Citation Nr: 21022442 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 17-19 317 DATE: April 15, 2021 ORDER Entitlement to an effective date of September 7, 2012, for service connection of posttraumatic stress disorder (PTSD), is granted. FINDING OF FACT On September 7, 2012, the Veteran filed a claim for service connection for PTSD, which remained pending until the June 2015 rating decision that awarded service connection. CONCLUSION OF LAW The criteria for entitlement to an effective date of September 7, 2012, for service-connected PTSD are met. 38 U.S.C. §§ 5107, 5110 (2018); 38 C.F.R. § 3.102, 3.400 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from February 1967 to February 1971. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2020, the Veteran testified in a hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that proceeding is of record. Initially, the Board notes that the rating decision on appeal addressed numerous issues and also notes that the subsequent March 2017 statement of the case (SOC) addressed the additional issue of entitlement to a total disability rating based upon individual unemployability (TDIU). However, as addressed in the February 2020 hearing, the only issue before the Board, based upon the Veteran’s substantive appeal, March 2017 VA Form 9, is entitlement to an earlier effective date for the grant of service connection for PTSD. Earlier Effective Date — PTSD The Veteran asserts that he is entitled to an earlier effective date for the grant of service connection for PTSD. The June 2015 rating decision on appeal granted service connection at 70 percent with an effective date of October 22, 2014. However, the Veteran contends that he initially filed the claim on September 7, 2012. Upon review of the record, and in resolving reasonable doubt in the Veteran’s favor, the Board finds that an earlier effective date for service connection of PTSD is warranted. The record demonstrates that in July 2013, the Veteran’s representative, inquired about the pending status of numerous claims filed with the VA. This communication was via a July 29, 2013, facsimile (fax), which specifically stated, “The Veteran’s file has not yet been provided to me despite my requests since September 7, 2012 and he would like an update on the processing of his claims…” On October 22, 2014, the VA received the Veteran’s VA Form 21-4138, which requested an update on the claim filed for PTSD. This form, although date-stamped October 22, 2014, was dated September 7, 2012. In the accompanying fax cover sheet, the Veteran’s representative again referenced the September 7, 2012, claim submission date, stating, “The Veteran’s claims do not appear to have been processed since [sic] September 7, 2012 claim date and he would like an update on the processing of his claims…” A copy of the above-noted July 2013 fax cover-sheet accompanied the October 2014 submission. In the February 2020 hearing before the Board, the Veteran provided candid and credible testimony concerning the September 7, 2012, claim submission date, explaining that he had met with his representative on that date to review the claims to be filed, to include a claim for an emotional disorder and PTSD. The Veteran went on to describe that the meeting occurred over the course of approximately 30 minutes, after which time he and his representative proceeded to fax the claim submission to the VA. Due to repeated error messages, the fax was attempted numerous times over the course of another thirty minutes, until a successful transmission confirmation was received. The record does not definitively reflect that the VA received the Veteran’s claim form on September 7, 2012. However, the Board has no reason to doubt the veracity of the Veteran’s sworn testimony, which is corroborated by the date and signature on the VA Form 21-4138 received in October 2014 (reflecting September 7, 2012). Further supporting these contentions are the communications from the Veteran’s representative, repeatedly inquiring about the September 7, 2012, claims submission date. Such inquiry was made in July 2013 and again in October 2014. Additionally, of record is a VA Form 21-22a, Appointment of Individual as Claimant’s Representative, which was signed by the Veteran and his attorney, with a signed date of September 7, 2012. While the form is stamped as “acknowledged” by VA as of June 18, 2015, the form shows a fax receipt date and time from the Veteran’s attorney of September 7, 2012, at 11:01 am. The Board finds it unlikely that a VA Form 21-22a would have been filed without an actual claim accompanying an appointment of an attorney as a representative. The fact that the VA Form 21-22a was executed and faxed the day indicated by the Veteran and his attorney as the actual date of claim, provides further corroboration of the statements made by the Veteran and his attorney during the course of this appeal. Accordingly, the Board finds that the evidence for and against the claim is at least in equipoise. Therefore, reasonable doubt must be resolved in favor of the Veteran and entitlement to an earlier effective date of September 7, 2012, for service connection of PTSD is warranted. 38 U.S.C. §§ 5107(b); 5110(a) (2018); 38 C.F.R. §§ 3.400 (2020); see also Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Sutherell, 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.