BVA9502451 DOCKET NO. 93-04 003 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington THE ISSUE Entitlement to an effective date prior to March 4, 1991, for the grant of service connection for post traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD Ripley P. Schoenberger, Counsel INTRODUCTION The veteran served on active duty from April 1968 to August 1971. By a decision of November 6, 1990, the Board of Veteran's Appeals (Board) denied service connection for PTSD. By a rating decision of September 1991, the RO granted service connection for PTSD and assigned a 30 percent evaluation effective March 4, 1991. The veteran disagreed with both the 30 percent evaluation assigned for PTSD and the effective date of March 4, 1991, for the grant of service connection for PTSD. By a rating decision of October 1992 the RO increased the evaluation for PTSD to 70 percent effective March 4, 1991. In a January 1993 letter the veteran stated that the 70 percent evaluation for PTSD was fair, but disagreed with the March 4, 1991, effective date for the grant of service connection for PTSD. The Board interprets this statement as establishing that the veteran is satisfied with the current 70, percent evaluation or PTSD. Thus, the issue of entitlement to an increased rating for PTSD is with drawn. At his personal hearing and by correspondence the veteran claimed that the November 1990 decision by the Board denying service connection for PTSD was erroneous. The Board interpreted this statement as a request for reconsideration of the 1990 decision. In December 1994 the Board denied the request for reconsideration. Therefore, the Board will proceed with the only issue left for appellate review, entitlement to an effective date prior to March 4, 1991 for the grant of service connection for PTSD. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he filed his original claim for VA benefits in June 1988. Therefore, he should be paid benefits from June 1988. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the preponderance of the evidence is against the claim for an earlier effective date for the grant of service connection for PTSD. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained. 2. By a decision of November 1990 the Board of Veterans' Appeals denied service connection for PTSD. 3. The veteran filed his reopened claim of service connection for PTSD on March 4, 1991. 4. By a rating decision of September 1991, the RO granted service connection for PTSD effective March 4, 1991. CONCLUSION OF LAW The criteria for an effective date prior to March 4, 1991, for the grant of service connection for PTSD have not been met. 38 U.S.C.A. §§ 1110, 5107, 5110, 7104 (West 1991); 38 C.F.R. §§ 3.102, 3.400 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board finds that the veteran's claim for an earlier effective date is "well grounded" within the meaning of 38 U.S.C.A. § 5107(a). That is, he has presented a claim which is plausible. The evidence shows that the veteran filed his original claim for service connection for PTSD in June 1988. However, on a special VA psychiatric examination conducted in August 1988 the examiner stated that the veteran had a personality disorder not PTSD. Private medical reports, dated in 1989 and 1990, state that the veteran did have PTSD. The veteran failed to report for a VA examination in February 1990. The basis of the Board's November 1990 denial was that PTSD had not been verified by the VA. It was pointed out that the veteran was free to reopen his claim for PTSD by reporting for a VA examination. On March 4,1991, the RO received a letter stating that he was willing to report for a VA examination. On a special psychiatric examination, conducted by the VA in June 1991, the diagnosis was PTSD. By a rating decision of September 1992 the RO granted service connection for PTSD effective March 4, 1991. The effective date of an evaluation and award of compensation based on a reopened claim after final disallowance will be the date of receipt of claim or the date entitlement arose, whichever is later. 38 U.S.C.A. § 5110; 38 C.F.R. § 3.400. The Board has considered the veteran's contentions that since he file his original claim for VA benefits in June 1988, he should be paid from June 1988, that is he should be paid compensation at the 70 percent rate from June 1988. However, this case turns on when the veteran reopened his claim for service connection for PTSD. Since the decision of November 1990 by the Board denied service connection for PTSD, it is final. The veteran's reopened claim was received on March 4, 1991. Thus, as the law states, the effective date of a reopened claim for service connected is the dated of receipt of claim, i.e., March 4, 1990. ORDER An effective date prior to March 4, 1991 for the grant of service connection for PTSD is denied. STEPHEN L. WILKINS Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.