Citation Nr: A25035581 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 240515-444124 DATE: April 17, 2025 ORDER Entitlement to an effective date of July 22, 2022, but no earlier, for the grant of an increased rating of 70 percent for other specified trauma and stressor-related disorder is granted. FINDINGS OF FACT 1. The Department of Veterans Affairs (VA) first received a claim of service connection for an acquired psychological disorder on July 22, 2022. 2. In a January 2024 rating decision, the agency of original jurisdiction (AOJ) granted service connection for other specified trauma and stressor-related disorder and assigned a non-compensable rating. The Veteran sought higher-level review of the rating assigned, which led to the grant of a 70 percent rating, effective January 12, 2023, in a May 2024 rating decision. 3. The Veteran's other specified trauma and stressor-related disorder manifested in occupational and social impairment with deficiencies in most areas, with symptoms including suicidal ideation and obsessional rituals that interfered with routine activities, no later than July 22, 2022. CONCLUSION OF LAW The criteria for entitlement to an effective date of July 22, 2022, but no earlier, for the grant of an increased rating of 70 percent for other specified trauma and stressor-related disorder have been met. 38 U.S.C. §§ 5101, 5110 (2018, 2024); 38 C.F.R. §§ 3.1, 3.155 (2014, 2018, 2024), 3.400, 3.2500, 3.2601 (2024). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from January 2009 to September 2015. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2024 rating decision by VA. In February 2024, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of a January 2024 decision. In May 2024, the AOJ issued the HLR decision on appeal, which considered the evidence of record at the time of the prior January 2024 decision. 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 January 2024 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 January 12, 2023 for the grant of an increased rating of 70 percent for other specified trauma and stressor-related disorder. The Veteran asserted that an effective date of July 22, 2022 is warranted because the Veteran continuously pursued his claim until its eventual success. See May 2024 correspondence. Except as otherwise provided, the effective date of an evaluation and award of compensation based on an initial claim or supplemental claim will 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. An initial claim includes a new claim requesting service connection and a claim for increase in a disability evaluation rating. See 38 C.F.R. § 3.1(p) (2019). The effective date for the assignment of an increased rating may be up to one year prior to receipt of a formal claim for increase when it is factually ascertainable that an increase in disability had occurred based on all evidence of record. 38 C.F.R. § 3.400(o)(2). Prior to March 24, 2015, a claim is a formal or informal communication in writing requesting a determination of entitlement, or evidencing a belief in entitlement, to a benefit. 38 C.F.R. § 3.1(p) (2014). The essential elements for any claim, whether formal or informal, are: (1) intent to apply for benefits; (2) identification of the benefits sought; and (3) communication in writing. Brokowski v. Shinseki, 23 Vet. App. 79, 84 (2009). From March 24, 2015, a claim must be filed on a designated VA form. See 38 C.F.R. § 3.1(p) (2018); 79 Fed. Reg. 57,696 (Sept. 25, 2014). For initial decisions issued on or after February 19, 2019, a claimant may continuously pursue a claim or an issue by timely and properly filing one of the following administrative review options after any decision by the agency of original jurisdiction, Board, or by the U.S. Court of Appeals for Veterans Claims (Court), provided that any appeal to the Court is timely filed as determined by the Court: (1) following the notice of a decision on an initial claim or a supplemental claim, the claimant may file a supplemental claim, request a higher-level review, or appeal to the Board; (2) following notice of a decision on a higher-level review, the claimant may file a supplemental claim or appeal to the Board; (3) following notice of a decision on an appeal to the Board, the claimant may file a supplemental claim or file a notice of appeal to the Court; and (4) following a decision on an appeal to the Court, the claimant may file a supplemental claim. 38 C.F.R. § 3.2500(c). After March 24, 2015, aside from submitting a formal claim, a claimant may file an intent to file a claim via a saved electronic application, written intent on a prescribed intent to file a claim form, or oral intent communicated to designated VA personnel and recorded in writing. If VA receives a complete application appropriate to the benefit sought within one year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received. If any communication indicating a desire for benefits is not completed by one of these three options, then such communication is considered a request for an application form for benefits and has no impact on effective dates, which is governed based upon when the formal claim is received. 38 C.F.R. § 3.155. Date of Claim VA first received a claim of service connection for an acquire psychological disorder on July 22, 2022. See VA Form 21-526EZ. There was no intent to file a claim received in the year prior to the July 2022 claim. The Veteran's representative asserted that VA originally received the claim on July 22, 2022 and, as stated above, that the correct effective date for this matter is July 22, 2022. See May 2024 correspondence. In a January 2024 rating decision, the AOJ granted service connection for other specified trauma and stressor-related disorder and assigned a noncompensable evaluation. In February 2024, the Veteran requested HLR of the evaluation assigned. In the May 2024 rating decision on appeal, the HLR adjudicator found that a 70 percent rating was warranted, effective January 12, 2023, the date of a private opinion. The Veteran thereafter appealed the effective date, and the matter is currently before the Board. Because the Veteran continuously pursued the evaluation assigned in the January 2024 rating decision, the Board finds that the date of claim for this matter is July 22, 2022, the date that the claim of service connection was received. Date of Entitlement The Veteran's other specified trauma and stressor-related disorder is currently rated under the General Rating Formula for Mental Disorders (General Formula). A 70 percent evaluation is warranted where there is occupational and social impairment, with deficiencies in most areas (such as work, school, family relations, judgment, thinking, or mood). This may be due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately, and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships. 38 C.F.R. § 4.130, Code 9411. Suicidal ideation alone, that is, a veteran's thoughts of his or her own death or thoughts of engaging in suicide-related behavior, may cause occupational and social impairment with deficiencies in most areas, and thus may be sufficient to warrant a 70 percent rating. Bankhead v. Shulkin, 29 Vet. App. 10, 20 (2017). In January 2022 VA treatment records, the Veteran denied suicidal ideation but endorsed a history of anxiety that began in approximately 2010 when he was in service, and which persisted since that time. During a September 2022 VA examination, the Veteran reported that he was a civilian employee and continued in tactical aircraft maintenance. He married earlier that year, but it was long-distance. He reported depression regarding marital problems and anxiety, worry about his job, irritability in the mornings, guilt regarding his marriage, and sleep issues. He had some therapy previously but was no longer doing so. The examiner opined that the Veteran did not have a psychological disorder, nor any symptoms of a psychological disorder. In January 2023, a private clinical psychologist opined that the Veteran had symptoms that included suicidal ideation and obsessional rituals that interfered with routine activities. He reported his mother would go to the grocery store for him and his spouse and run errands due to his symptoms of anxiety and paranoia. He would get irritable, which could lead to outbursts with others. He had panic attacks approximately two to three times a week and reported ongoing suicidal ideation in the form of thinking about disappearing. Overall, the psychologist opined that the Veteran had significant depressive thoughts and feelings, which adversely impacted multiple facets of his life, including social, occupational, and family environments. The Board finds that the Veteran's other specified trauma and stressor-related disorder manifested in occupational and social impairment with deficiencies in most areas, with symptoms including suicidal ideation and obsessional rituals that interfered with routine activities, no later than July 22, 2022. Notably, he reported a long-standing history of anxiety prior to July 22, 2022. Although a September 2022 VA examiner opined that the Veteran did not have any psychological symptoms, the Board assigns that examination no probative weight because it did not discuss the evidence of psychological treatment in VA treatment records. There is also no indication that the Veteran's psychological disorder drastically worsened in January 2023 or that he had a significantly different disability picture. For these reasons, the date of entitlement is no later than July 22, 2022. CONTINUED ON NEXT PAGE Because the date of entitlement is no later than the date of claim, the appropriate effective date for this matter is July 22, 2022, but no earlier. The Board notes that the provisions of 38 C.F.R. § 3.400(o)(2) are not applicable because this matter stems from the claim of service connection rather than a claim of an increased rating. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Sandler, 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.