Citation Nr: A25028167
Decision Date: 03/26/25	Archive Date: 03/26/25

DOCKET NO. 240531-445506
DATE: March 26, 2025

ORDER

An earlier effective date of December 10, 2018, but not earlier, for the award of service connection for post-traumatic stress disorder (PTSD) is granted. 

FINDING OF FACT

A claim for PTSD was received on December 10, 2018.

CONCLUSION OF LAW

The criteria are met for an earlier effective date of December 10, 2018 for the grant of service connection for PTSD, but not for an even earlier date. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.151, 3.155, 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from July 1990 to July 1994.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2023 rating decision by a Department of Veterans Affairs (VA) regional office, the agency of original jurisdiction (AOJ).

The Veteran filed a claim for entitlement to service connection for PTSD in December 2018, which was denied in June 2019. The Veteran then filed a supplemental claim in June 2020. In a February 2022 rating decision, the AOJ continued the denial of service connection for PTSD. In February 2023, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review. In May 2023, the AOJ granted service connection for PTSD with an evaluation of 70 percent effective March 1, 2019.

In the May 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the February 2022 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. §?20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review the Board did not consider it in its decision. 38 C.F.R. §§?20.300, 20.301, 20.801.? 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. §?3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.? 

Entitlement to an effective date prior to March 1, 2019, for initial evaluation of post-traumatic stress disorder (PTSD).

The Veteran seeks entitlement to an earlier effective date for the grant of service connection for PTSD.

As noted above, the Veteran has continuously pursued his claim for entitlement to service connection for PTSD since the initial filing on December 10, 2018.

The effective date of an award shall be the first day following discharge from active duty if the claim is filed within one year; otherwise, the effective date will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(b)(2). 

After careful consideration of the record, the Board concludes that the assignment of an effective date of December 10, 2018 for the grant of service connection for PTSD is supported by the record. The record shows that the Veteran was first diagnosed with PTSD in accordance with 38 C.F.R. § 4.125(a) on December 6, 2018. Afterward, the Veteran filed his claim for PTSD on December 10, 2018.

Thus, the Board has determined that an effective date of December 10, 2018, the date of receipt of the claim, is appropriately assigned for the establishment of service connection for PTSD. No evidence of record supports an earlier effective date. To this extent, the claim is granted.

 

 

B. D. WATSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Klu, Evonne S.

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.