BVA9505833 DOCKET NO. 92-23 768 ) DATE ) ) Received from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUE Entitlement to an effective date prior to February 12, 1992, for an award of service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: New York Division of Veterans' Affairs INTRODUCTION The veteran served on active duty from March 1968 to November 1969. This appeal arises from a July 1992 rating decision of the Department of Veterans Affairs (VA) Buffalo, New York, Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that an effective date prior to February 12, 1992, is warranted for an award of service connection for post- traumatic stress disorder. Essentially, it is maintained that benefits should be paid retroactive to August 1, 1989. As support for this contention, it is maintained that the veteran was suffering from post-traumatic stress disorder symptomatology which forced the veteran to retreat to the seclusion of a Washington State forest. As a consequence, it is argued that it was the veteran's post-traumatic stress disorder that precluded him from appearing at a Department of Veterans Affairs compensation examination prior to 1992. 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 an effective date prior to February 12, 1992, for an award of service connection for post-traumatic stress disorder. FINDINGS OF FACT 1. Service connection for post-traumatic stress disorder was denied by the Board of Veterans' Appeals in a July 1991 decision. 2. The Board's July 1991 decision was based on a finding of fact that a diagnosis of post-traumatic stress disorder had not been established. 3. On February 12, 1992, the veteran informed the RO that he was willing to report for a VA compensation examination. 4. On March 9, 1992, the veteran was diagnosed with post- traumatic stress disorder following a VA compensation examination. CONCLUSION OF LAW The criteria for an effective date prior to February 12, 1992, for the assignment of a grant of service connection for post- traumatic stress disorder have not been met. 38 U.S.C.A. §§ 5107, 5110 (West 1991); 38 C.F.R. § 3.400 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION Factual Background On July 10, 1989, the veteran filed a claim for post-traumatic stress disorder with the RO. That claim was denied in a May 1990 rating decision, and the veteran appealed. In February 1991, following the certification of the veteran's appeal, the Board of Veterans' Appeals remanded the case to secure a Department of Veterans Affairs compensation examination. In April 1991, a VA compensation examination was scheduled pursuant to the Board's February 1991 remand action. The veteran failed to report for that examination. In July 1991, the Board denied service connection for post- traumatic stress disorder. A copy of the Board's decision was sent to the veteran's latest address of record, that used on his substantive appeal, as well as to one alternative address. Both copies, however, were returned to the VA by the United States Postal Service as undeliverable. The veteran was reported to have not left a forwarding address. On February 12, 1992, the veteran informed the RO that he was willing to report for a VA compensation examination. On March 9, 1992, a VA compensation examination diagnosed post- traumatic stress disorder. Analysis When entitlement to a benefit cannot be established without a current VA examination and a claimant, without good cause, fails to report for such examination, the claim shall be rated on the evidence of record. Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant. 38 C.F.R. § 3.655 (1994). Absent an appeal to the United States Court of Veterans Appeals, a decision of the Board of Veterans' Appeals is final. After reaching a decision in a case, the Board shall promptly mail a copy of its written decision to the claimant and the claimant’s representative authorized representative at the last known address of the claimant, and at the last known address of such representative. 38 U.S.C.A. § 7104 (West 1991). It is the burden of the appellant to keep the VA apprised of his whereabouts. Hyson v. Brown, 5 Vet.App. 262, 264 (1993). In order to obtain a review by the United States Court of Veterans Appeals of a final decision of the Board of Veterans' Appeals, a person adversely affected by that action must file a notice of appeal with the Court. Any such notice must be filed within 120 days after the date on which notice of the decision is mailed. 38 U.S.C.A. § 7266 (West 1991). In this case, the record reveals that the veteran filed a claim for post-traumatic stress disorder in July 1989. That claim was denied by the RO in May 1990, and by the Board of Veterans' Appeals in July 1991. That decision is final, 38 U.S.C.A. § 7104, and while the Board acknowledges that the copies of the Board’s decision sent to the veteran were returned as undeliverable, the record shows that their return was due to the veteran’s failure to keep the VA informed of his whereabouts. Accordingly, as the effective date of a reopened claim is the date of receipt of the reopened claim, or date entitlement arose, whichever is later, see 38 C.F.R. § 3.400(r) (1994), because the veteran’s reopened claim was received on February 12, 1992, the assignment of that date as the effective date is appropriate. In reaching this decision, the Board considered the contention that the veteran failed to report for the scheduled April 1991 compensation examination because he was then suffering from post- traumatic stress disorder symptomatology. The veteran, however, as a lay person untrained in the field of medicine, is not competent to diagnose psychiatric symptomatology. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). As there is no objective evidence of record showing that post-traumatic stress disorder symptomatology precluded the veteran from appearing for a Department of Veterans Affairs compensation examination prior to March 9, 1992, we find that this contention does not provide a basis upon which to predicate an award of an earlier effective date. ORDER An effective date prior to February 12, 1992, for an award of service connection for post-traumatic stress disorder is denied. DEREK R. BROWN 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.