Citation Nr: A24029713
Decision Date: 06/06/24	Archive Date: 06/06/24

DOCKET NO. 210210-141009
DATE: June 6, 2024

ORDER

Entitlement to an effective date earlier than February 10, 2020, for the assignment of a 100 percent staged disability rating for posttraumatic stress disorder (PTSD) is dismissed.

FINDINGS OF FACT

1. In a May 2018 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for PTSD and assigned a 50 percent disability rating from January 23, 2018.

2. In a February 2020 rating decision and statement of the case (SOC) under the legacy review system, the AOJ granted entitlement to an effective date of September 28, 2017, and a 50 percent disability rating from that date, for the award of service connection for PTSD.  The AOJ also increased the Veteran's disability rating from 50 to 100 percent for PTSD from February 10, 2020.  The Veteran timely appealed the SOC with a March 2020 VA Form 9.  Specifically, the Veteran argued that the 100 percent disability rating should have been effective from the date he was service connected for PTSD.

3. While the effective date for the 100 percent staged rating remained pending at the Board under the legacy review system, and over 60 days after the February 2020 SOC, the Veteran filed a VA Form 10182 appealing the same issue under the modernized review system (AMA).

4. In a November 2023 decision, the Board granted a 100 percent disability rating for PTSD through the entire appeal period under Docket No. 20-18 962, which was decided under the legacy review system.

CONCLUSION OF LAW

As there remains no allegation of factual or legal error for appellate consideration, the criteria to dismiss the issue of entitlement to an effective date earlier than February 10, 2020, for the assignment of a 100 percent staged disability rating for posttraumatic stress disorder PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from October 2001 to October 2007.  He appeals a February 2020 rating decision by the Agency of Original Jurisdiction (AOJ) under the legacy review system granting an effective date of September 28, 2017, for the award of service connection for PTSD, and assigning a 50 percent disability rating from that date.  The AOJ also increased the Veteran's PTSD rating to 100 percent from February 10, 2020.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 38 U.S.C. § 7105.

Here, in a May 2018 rating decision, the AOJ granted service connection for PTSD and assigned a 50 percent disability rating from January 23, 2018.

In February 2020 rating decision and SOC under the legacy review system, the AOJ granted entitlement to an effective date of September 28, 2017, and a 50 percent disability rating from that date, for the award of service connection for PTSD.  The AOJ also increased the Veteran's disability rating from 50 to 100 percent for PTSD from February 10, 2020.  The Veteran timely appealed the SOC with a March 2020 VA Form 9.  Specifically, the Veteran argued that the 100 percent disability rating should have been effective from the date he was service connected for PTSD.

While the effective date for the 100 percent staged rating remained pending at the Board under the legacy review system, and over 60 days after the February 2020 SOC, the Veteran filed a VA Form 10182 appealing the same issue under the AMA.  Such an appeal was not timely under the AMA.  See 38 C.F.R. § 3.2400.

However, in a November 2023 decision, the Board granted a 100 percent disability rating for PTSD through the entire appeal period under Docket No. 20-18 962, which was decided under the legacy review system.  Accordingly, deciding the same issue again under this Docket No. is moot, and the case is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Salazar, 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.