17-05 237
17-05 237
| Board of Vet. App. | May 22, 2017Background
- Veteran served in Philippine guerrilla and combination service Nov 1945–Feb 1946; VA Regional Office (Manila) granted service connection for PTSD in Aug 2015.
- RO initially assigned an effective date of March 11, 2015; Veteran filed a Notice of Disagreement seeking an earlier effective date (July 2014).
- An Oct 2016 Decision Review Officer assigned an effective date of August 11, 2014; SOC in Nov 2016 continued that effective date.
- Veteran argues the claim was filed (signed) July 28, 2014; VA records show receipt of the statement on Aug 11, 2014 (timestamp on scanned document).
- Board found no evidence of any earlier informal or formal claim for a mental health disability before Aug 11, 2014 and declined to disturb the RO effective date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the effective date for service‑connected PTSD should be earlier than Aug 11, 2014 | Veteran: signed statement July 28, 2014 shows claim filed in July 2014, so effective date should be in July 2014 | VA: effective date is the date VA received the claim (Aug 11, 2014); no evidence VA received it in July; presumption of regularity not rebutted | Denied: effective date prior to Aug 11, 2014 not warranted; Aug 11, 2014 is the proper effective date |
Key Cases Cited
- Dingess v. Nicholson, 19 Vet. App. 473 (explaining § 5103(a) notice is not required for downstream issues after a claim is substantiated)
- Hartman v. Nicholson, 483 F.3d 1311 (same principle on downstream questions and notice)
- Rodriguez v. West, 189 F.3d 1351 (definition and treatment of informal/formal claims)
- Hodge v. West, 155 F.3d 1356 (duty to sympathetically develop veteran's claims)
- Roberson v. West, 251 F.3d 1378 (VA must determine all potential claims raised by evidence)
- Szemraj v. Principi, 357 F.3d 1370 (sympathetic reading of pro se filings required)
