An effective date prior to March 16, 2009, for the grant of service connection for depressive disorder not otherwise specified with compulsive disorder is denied.

Citation Nr: A26069899 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 210520-160924 DATE: July 30, 2026 ORDER An effective date prior to March 16, 2009, for the grant of service connection for depressive disorder not otherwise specified with compulsive disorder is denied. FINDINGS OF FACT 1. The Veteran served on active duty from November 1997 to March 1999; he has been 100 percent disabled based on unemployability since November 2019, in addition to be in receipt of special monthly compensation (SMC). 2. The Veteran timely appealed a March 16, 2009, informal claim for service connection in the legacy system and continuously pursued the December 2019 rating decision granting service connection for a psychiatric disorder; no earlier formal or informal claim was filed. CONCLUSIONS OF LAW 1. The criteria for an effective date prior to March 16, 2009, for the grant of service connection for depressive disorder not otherwise specified with compulsive disorder have not been met. 38 U.S.C. § 5110 (2012); 38 C.F.R. §§ 3.102, 3.155, 3.400, 3.2500 (2025). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS This decision has been written under the guidelines of the Veterans Appeals Improvement and Modernization Act, also known as the Appeals Modernization Act (AMA). In December 2019, the agency of original jurisdiction (AOJ) implemented an October 2019 Board decision granting service connection. The AOJ assigned an effective date of March 16, 2009, and staged ratings of 70 percent followed by 50 percent effective February 23, 2012. The Veteran requested a Higher-Level Review (HLR), and a November 2020 rating decision increased the rating to 70 percent effective February 23, 2012, while continuing the initial 70 percent rating. In May 2021, the Veteran appealed to the Board via a Form 10182 and elected the Hearing docket. In November 2024, he withdrew the hearing request. Therefore, the Board may only consider the evidence of record at the time of the December 2019 AOJ decision on appeal, as well as any evidence submitted by the Veteran within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). Turning to the relevant laws and regulations, unless specifically provided otherwise in the statute, the effective date of an award based on an original claim for compensation benefits shall be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. The effective date of an award of disability compensation shall be the day following separation from service or the date entitlement arose if the claim is received within one year of separation, otherwise the date of claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(b); 38 C.F.R. § 3.400(b)(2). Historically, the Veteran separated from service on March 21, 1999. On March 16, 2009, he filed an informal claim for service connection under the legacy system by for posttraumatic stress disorder (PTSD). He further reported being diagnosed with major depressive disorder (MDD) and PTSD. An April 2011 rating decision denied service connection for an acquired psychiatric disorder and PTSD. The Veteran filed a notice of disagreement (NOD) in May 2011. In April 2016, the AOJ issued a statement of the case (SOC). The Veteran formalized his appeal by filing Form 9 in June 2016. An October 2019 Board decision granted service connection for an acquired psychiatric disorder but denied service connection for PTSD. In December 2019, the AOJ implemented the October 2019 Board decision and assigned an effective date for the grant of service connection as March 16, 2009. An initial 70 percent rating was assigned from March 16, 2009, followed by a 50 percent rating effective February 23, 2012. The Veteran sought HLR in June 2020 as to the ratings assigned. A November 2020 HLR rating decision continued the initial 70 percent rating but increased the rating to 70 percent effective February 23, 2012. The Veteran appealed the November 2020 rating decision to the Board and, in his May 2026 informal hearing presentation (IHP), argued that an earlier effective date for depressive disorder was warranted based upon continuity of symptoms beginning during service. Relevant to the claim, prior to March 24, 2015, an informal claim was "[a]ny communication or action, indicating an intention to apply for one or more benefits... Such informal claim must identify the benefit sought." 38 C.F.R. § 3.155(a). Thus, the essential elements for any claim, whether formal or informal, are "(1) an intent to apply for benefits, (2) an identification of the benefits sought, and (3) a communication in writing." Brokowski v. Shinseki, 23 Vet. App. 79, 84 (2009). The Veteran filed a formal claim for service connection in September 1999 for left ear hearing loss only. The AOJ denied that claim in February 2002. The next correspondence is dated in September 2002 when he requested a duplicate DD-214 in order to reenter the Army and it appears that VA provided him with extra copies that same month. Thereafter, there is no further correspondence from the Veteran on any issue until he filed the March 2009 claim for a mental health disorder. Additionally, there was no indication in the September 1999 or September 2002 correspondence that he sought service connection for a psychiatric disorder. As such, neither a formal nor informal claim for service connection for a psychiatric disability was received prior to the March 2009 claim. In sum, the date of claim is March 16, 2009. Because the March 2009 claim was not filed within one year of the March 1999 separation, an earlier effective date is not warranted on that basis. As to the date entitlement arose, the Veteran asserted that he experienced symptoms beginning after his deployment to Bosnia, according to an August 2019 private consultant report. Indeed, November 1998 service treatment records (STR's) reflected that he had lost weight and had difficulty sleeping since his return from Bosnia. He also reported depression or excessive worry, frequent trouble sleeping, and recent weight gain or loss in his November 1998 Report of Medical History. The private consultant opined that these symptoms were considered hallmarks of MDD. Nonetheless, a November 1998 Report of Medical Examination for service separation found his psychological functioning was normal and no psychiatric diagnosis appeared in the STR's. Indeed, the first indication of a psychiatric diagnosis did not appear in the Veteran's medical records until February 2005 private treatment notes, at which time he was diagnosed with MDD moderate single episode, cannabis dependence, and alcohol abuse. Even assuming that psychiatric symptoms were present during service and the earliest date that entitlement arose is March 22, 1999, the date following separation from active duty, effective dates are established either as the date of claim or date entitlement arose whichever is later. Given that the date of the claim - March 16, 2009, is later than the date entitlement arose, the correct effective date for the grant of service connection is March 16, 2009, the later of the two dates. Accordingly, an effective date prior to March 16, 2009, for the grant of service connection for depressive disorder not otherwise specified with compulsive disorder is not warranted and the appeal is denied. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board's consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). L. HOWELL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Stratton, C. 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.