Citation Nr: 21028372 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 18-35 860 DATE: May 11, 2021 ORDER Entitlement to an effective date of February 14, 2012, but no earlier, for the grant of service connection for posttraumatic stress disorder (PTSD) is granted. FINDINGS OF FACT 1. The Veteran filed a service connection claim for PTSD on February 14, 2012, which was denied in a June 2013 rating decision. The Veteran filed a timely notice of disagreement in March 2014. 2. In July 2016, the RO issued a statement of the case denying service connection for PTSD; however, the Veteran did not receive adequate notice of this decision as it was returned to sender by the United States (U.S.) Postal Service and does not appear to have been resent. 3. The Veteran's February 14, 2012, claim remained pending until the June 2017 rating decision which granted service connection for PTSD. CONCLUSION OF LAW The criteria for an earlier effective date of February 14, 2012, for the grant of service connection for PTSD, have been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from November 2004 to April 2005 and from January 2007 to May 2008. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a virtual hearing before the undersigned in May 2021. A transcript has not yet been associated with the claims file but will be added to the Veteran's file under the normal course of business. Pursuant to the Veterans Claims Assistance Act (VCAA), VA has duties to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C. §§ 5102, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.156(a), 3.159. Given the Board's favorable disposition of the claim, the Board finds that all notification and development action needed to fairly adjudicate the appeal has been accomplished. Entitlement to an effective date of February 14, 2012, but no earlier, for the grant of service connection for PTSD is granted. The Veteran asserts that he is entitled to an earlier effective date of February 14, 2012, for the grant of service connection for PTSD. In a June 2017 rating decision, he was granted service connection for PTSD at 70 percent disabling, effective March 29, 2017, the date of his intent to file a claim for PTSD. The Veteran stated that he did not receive the July 2016 statement of the case denying his service connection claim for PTSD which stemmed from his prior February 14, 2012, claim. The Board notes that the presumption of regularity states that VA and other government officials perform their duties correctly, fairly, in good faith, and in accordance with law and governing regulations. Marsh v. Nicholson, 19 Vet. App. 381 (2005). For the purposes of this appeal, the presumption of regularity extends to the officials at the RO who were responsible for notifying the Veteran and his representative of the statement of the case in connection with the claim. See Crain v. Principi, 17 Vet. App. 182, 188 (2003); see also Woods v. Gober, 14 Vet. App. 214, 220 21 (2000); Mindenhall v. Brown, 7 Vet. App. 271, 274 (1994). Significantly, the Veteran may rebut the above presumption by submitting clear evidence to the effect that VA's regular mailing practices were not followed in his case. See Ashley v. Derwinski, 2 Vet. App. 307, 309 (1992). However, an "assertion of nonreceipt, standing alone, does not rebut the presumption of regularity in VA's mailing process." Jones v. West, 12 Vet. App. 98, 102 (1998). The Veteran has reported that he did not receive notice of his July 2016 statement of the case denying service connection for PTSD. The record reveals that the RO sent the statement of the case to the Veteran in July 2016, but the U.S. Postal Service returned it to VA marked "unable to forward" on August 22, 2016. This is clear evidence to rebut the presumption of regularity. There is no indication in the file that the Veteran received notice of the outcome of his claim. Rather, it appears that the Veteran moved from Pennsylvania to Georgia around this time and the RO made no attempt to either contact the Veteran regarding his address or resend the statement of the case. Given that the Veteran was not properly notified of the July 2016 statement of the case, the February 14, 2012, claim remained pending until it was granted in the June 2017 rating decision. Except as otherwise provided, the effective date of an evaluation and award for pension, compensation, or dependency and indemnity 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 later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. (Continued on the next page) In this case, the Veteran filed a claim for service connection for a psychiatric disability on February 14, 2012. Although that claim was eventually denied in a July 2016 statement of the case, the Veteran never received notice of that decision; therefore, he was deprived due process of law. Therefore, it remained pending since his original claim. Ultimately, the claim was readjudicated and granted in June 2017. The Veteran was properly notified of that decision. As the original claim remained pending until the June 2017 adjudication, the proper effective date for the grant of service connection is February 14, 2012. Jenna Brant Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Ko, 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.