Citation Nr: 21029813
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 17-37 422
DATE: May 17, 2021

ORDER

Entitlement to an effective date, earlier than September 28, 2010, for the award of service connection for posttraumatic stress disorder with secondary depression, is denied.

FINDING OF FACT

There is no evidence of a formal or informal claim for an acquired psychiatric disorder prior to September 28, 2010.

CONCLUSION OF LAW

The criteria for an effective date, earlier than September 28, 2010, for the award of service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder with secondary depression, have not been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. § 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1977 to December 1980.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In April 2021, the Veteran testified before the undersigned Veterans Law Judge in a videoconference hearing.  A copy of the hearing transcript has been associated with the claims file.

Entitlement to an effective date, earlier than September 28, 2010, for the award of service connection for posttraumatic stress disorder with secondary depression.

In general, the effective date shall be the date of receipt of the claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400 (b)(2)(i).

VA amended its adjudication regulations on March 24, 2015 to require that all claims governed by VA's adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. See 79 Fed. Reg. 57660 (Sept. 25, 2014).  The amendments, however, are only effective for claims and appeals filed on or after March 24, 2015.

Prior to the amendment, the VA administrative claims process recognized formal and informal claims.  A formal claim is one that has been filed in the form prescribed by the Secretary. 38 C.F.R. § 3.151.  Any communication or action, indicating an intent to apply for one or more benefits, under the laws administered by VA, from a claimant may be considered an informal claim.

In the Veteran's case, the Board has reviewed the evidence of record and finds that an earlier effective date is not warranted.

As noted above, the effective date shall be the date of receipt of the claim, or the date entitlement arose, whichever is later.  Here, the record shows the Veteran's claim for posttraumatic stress disorder was received by VA on September 28, 2010. The record contains no prior formal or informal claim for a psychiatric disability and the Veteran does not assert that she filed a claim prior to this date. Thus, this is the date of claim.

Even if entitlement arose prior to September 28, 2010, as this would be the later of the two dates, an effective date prior to September 28, 2010 is not available under the law.  Consequently, the Board finds an earlier effective date is not warranted as the Veteran is in receipt of the earliest effective date available.

The Board acknowledges the Veteran's assertion that an earlier effective date is warranted under the Ruth Moore Act.  However, in reviewing the provisions of this proposed act, the Board found nothing that addressed the assignment of effective dates for veteran's benefits claims.  

While sympathetic to the Veteran's belief that an earlier effective date is warranted, and cognizant of the trauma the Veteran has suffered, the Board does not have the authority to provide equitable relief. Thus, for the reasons outlined above, the Board is precluded by law from assigning an effective date prior to September 28, 2010.  Accordingly, the claim for an effective date prior to September 28, 2010 for the grant of service connection for posttraumatic stress disorder is denied.

 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Hanson, 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.