Citation Nr: 23055563 Decision Date: 10/11/23 Archive Date: 10/11/23 DOCKET NO. 06-16 476 DATE: October 11, 2023 ORDER Entitlement to an earlier effective date of July 22, 2005, for the grant of service connection for posttraumatic stress disorder (PTSD) is granted. FINDING OF FACT On July 22, 2005, VA received the initial claim for service connection for PTSD. CONCLUSION OF LAW The criteria for an effective date of July 22, 2005, for the grant of service connection for PTSD have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.105, 3.151, 3.155, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1966 to October 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2005 rating action of the Department of Veterans Affairs Regional Office (RO) in Cleveland, Ohio. In December 2008 the Board denied the Veteran's claims for service connection for PTSD, and entitlement to service connection for a skin disability. In a November 2015 rating decision, the RO awarded service connection for PTSD effective August 5, 2015. In an August 2016 decision, the RO awarded an earlier effective date of April 2, 2009, for the grant of PTSD. In May 2017, the Veteran provided testimony in a hearing before the undersigned Veterans Law Judge (VLJ) and a transcript of the hearing has been associated with the claims file. In April 2020, the Board denied entitlement to an earlier effective date for PTSD prior to April 2, 2009. In May 2023, the United States Court of Appeals for Veterans Claims (Court) vacated the Board's December 2008, denial for service connection for PTSD and remanded the issue of a grant of service connection for PTSD pursuant to a joint motion for partial remand (JMPR). The Veteran did not challenge the part of the December 2008 decision denying service connection for a skin disability. The basis of finding that December 2008 Board decision as not final is unclear from the record; however, the Board is bound by the JMPR. As readjudication of service connection for PTSD could affect the effective date of service connection for PTSD, the JMPR further ordered vacatur of the Board's April 2020 decision denying an effective date prior to April 2, 2009. As such, the May 2023 JMPR vacated the Board's April 2020, denial of an earlier effective date prior to April 2, 2009, for the grant of service connection for PTSD. 1. Entitlement to an earlier effective date for the grant of service connection for posttraumatic stress disorder. Generally, the effective date of an award of service connection is 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. Unless otherwise provided, the effective date of compensation will be fixed in accordance with the facts found but will not be earlier than the date of the claimant's application. 38 U.S.C. § 5100 (a). If a claim for disability compensation is received within one year after separation from service, the effective date of entitlement is the day following separation or the date entitlement arose. 38 U.S.C. § 5110 (b)(1); 38 C.F.R. § 3.400 (b)(2). The Veteran contends that an effective date prior to April 2, 2009, for the grant of service connection for PTSD is warranted. The Veteran first filed a claim for service connection in July 2005. A May 2005 letter from the veteran's wife notes that the veteran is frequently negative and suspicious. His wife explained that the veteran has trouble sleeping and keeps a loaded gun by his bed at night. A June 2005 letter from a private counselor gives a diagnosis of PTSD. This letter discusses the veteran's symptomatology of recollection of traumatic events with feelings of recurrence; avoidance; detachment and hypervigilance. The counselor noted the Veteran was unremarkable for childhood or other life history that could produce these symptoms, and concluded he sustained this symptomatology relative to his tour of duty in Vietnam. An August 2005 VA medical psychosocial assessment note states under the veteran's mental health history that he was treated for four years in therapy for anxiety, sleep disturbances and paranoia. The mental status examination was normal except for a comment noting the Veteran appeared to be short-term memory impaired and diagnosed him with PTSD. At a May 2007 VA examination, the examiner reviewed the entire claims file. The examiner stated that the psychological testing appeared valid in that it showed the Veteran to be suspicious, mistrustful, angry, and moderately depressed. Anxiety, rumination, and alienation were also present in the Veteran's profile. The examiner concluded taken together, the overall results from his psychological testing, although valid, are inconsistent with a diagnosis of PTSD. The May 2007 examiner concluded the Veteran had not received psychiatric care for several years prior to the examination. This sentiment is not supported by the record. In an April 2007 VAMC record the Veteran was noted to have sought assistance for his PTSD and reported feelings of foreshortened future. The May 2007 opinion is not based on the Veteran's full medical history, and therefore, it is non-probative. The Veteran's claim for service connection for PTSD has remained in appellate status since the date of claim. Although the Veteran dated the claim for service connection as April 2005, the claim was not received by VA until July 2005. Given the clear finding of PTSD in June 2005, and the positive nexus statement at that time, the Board finds the Veteran has had PTSD for the entire period on appeal. Therefore, the effective date of service connection for PTSD is July 22, 2005, the date of receipt of the claim. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Skiouris, Elena 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.