Citation Nr: 21041705
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 16-45 820
DATE: July 9, 2021

ORDER

An effective date prior to February 22, 2016, for the grant of service connection for post-traumatic stress disorder (PTSD) is denied.

FINDING OF FACT

Prior to February 22, 2016, when the Fully Developed Claim form was filed, there was no pending formal claim, informal claim, or a written intent to file a claim for service connection for PTSD.

CONCLUSION OF LAW

The criteria for an effective date earlier than February 22, 2016, for the grant of service connection for PTSD are not met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served from December 1968 until August 1970.  His service decorations include a Combat Action Ribbon, Vietnam Campaign Medal, Vietnam Service Medal, and Republic of Vietnam Gallantry Cross with Palm. 

The Veteran sought an effective date prior to February 22, 2016, for the grant of service connection for PTSD. On February 22, 2016, VA received his Fully Developed Claim seeking service connection for PTSD.  

Per 38 C.F.R. § 3.400, except as otherwise provided, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

A thorough review of the record does not show that any written communication by or on behalf of the Veteran in which service connection for PTSD was requested or was received prior to the February 22, 2016 communication. Significantly, the cover page for the faxed Fully Developed Claim is dated February 22, 2016 and the application is signed the same date. 

The Veteran states that his veteran service organization (VSO) filed a claim for him on September 30, 2015, but there is no record of such nor has the VSO shown any proof of said submission.  There is a September 30, 2015 fax which contains medical records and third party statements concerning the Veteran's mental health.  However, this cannot be construed as an informal claim as the VA stopped accepting informal claims in March 2015.  Thus, this "Vets Center Report," is not considered an application for benefits. See June 2016 Notice of Disagreement.

While there are medical records associated with PTSD prior to the application date, by law, the Board is barred from considering those.  As such, there is no legal authority for the Board to assign an earlier effective date, as there are no prior claims or final decisions related to these issues. While the Board is sympathetic to the Veteran's claim regarding the effective date of his grant of service connection for PTSD, the law is well settled that the statutory framework does not allow for the Board to establish service connection prior to receipt of the formal claim. 38 C.F.R. § 3.400.

(Continued on the next page)

 

As such, there is no evidence of record which supports a date prior to February 22, 2016, as the effective date for the grant of service connection for the Veteran's PTSD. 38 U.S.C. § 5110(b); 38 C.F.R. § 3.400.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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.