Citation Nr: 21025047 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 17-60 716 DATE: April 27, 2021 ORDER The appeal seeking entitlement to an effective date earlier than February 20, 2004, for the award of service connection for posttraumatic stress disorder (PTSD) is dismissed. FINDING OF FACT The claim for an earlier effective date for the award of service connection for PTSD is a freestanding earlier effective date claim; the Veteran has not contended that the rating decision that initially granted service connection for PTSD and assigned an effective date for that award was the product of clear and unmistakable error (CUE). CONCLUSION OF LAW The Board does not have jurisdiction over the freestanding claim for an earlier effective date for the award of service connection for PTSD. 38 U.S.C. § 7105; Rudd v. Nicholson, 20 Vet. App. 296 (2006). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1965 to May 1984. Entitlement to an Effective Date Earlier than February 20, 2004, for Service Connection for PTSD The Veteran is awarded service connection for PTSD, effective from February 20, 2004. He seeks an earlier effective date for that award. A review of the record show that in an April 1985 rating decision, the Agency of Original Jurisdiction (AOJ) denied service connection for PTSD. The Veteran was notified of this decision in a May 1985 letter; however, he did not file an appeal or submit new and material evidence within one year of that decision and the April 1985 rating decision became final. 38 U.S.C. § 7105(c). The Veteran submitted a new claim for service connection for PTSD that was received by VA on February 20, 2004. In a November 2004 rating decision, the AOJ granted service connection for PTSD and assigned an initial 30 percent rating, effective November 19, 2003. The Veteran submitted a Notice of Disagreement with the effective date assigned. After the receipt of additional evidence, an August 2005 Decision Review Officer (DRO) decision awarded an increased 50 percent rating for the Veteran’s PTSD, effective February 20, 2004. The DRO decision further found the November 2004 rating decision was in error for assigning an initial effective date of November 19, 2003; the effective date of the award of service connection was revised to February 20, 2004, based on the date the Veteran’s claim to reopen was received. Thereafter, in August 2005, the Veteran withdrew his earlier effective date claim. The August 2005 rating decision is thus final. 38 U.S.C. § 7105(c). In August 2006 the Veteran submitted a claim seeking an earlier effective date for the award of service connection for PTSD. The AOJ denied his claim in a January 2007 rating decision. He did not appeal, and the rating decision became final. Id. In August 2010, the Veteran filed another claim seeking an earlier effective for the award of service connection for PTSD. This resulted in the August 2011 rating decision now on appeal to the Board. At no time during the appeal period has the Veteran or his representative alleged CUE in the final rating decision that assigned an effective date for the grant of service connection for PTSD. The Veteran did not contest the effective date of the grant of service connection for PTSD in a timely manner. The Board cannot adjudicate this earlier effective date claim as no new award was granted with an effective date. As such, it represents a freestanding claim for earlier effective date, which is not permitted. See Rudd v. Nicholson, 20 Vet. App. 296 (2006). The claim for an earlier effective date is therefore dismissed for lack of jurisdiction. 38 U.S.C. § 7105(d)(5). A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Fletcher, Kathleen 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.