POSTTRAUMATIC STRESS DISORDER (PTSD)

CHRISTOPHER SEPPANEN · 2026 · Case ID: A26040726

DENIED

Summary

The Veteran, an Army Veteran who served from January 1972 to March 1973, appeals the denial of an increased rating for PTSD prior to November 10, 2022, and the denial of an earlier effective date for Dependents' Educational Assistance (DEA). The Veteran also appealed the mootness of a TDIU claim. The Board found that the Veteran was already receiving the maximum 100 percent rating for PTSD, making an increased rating impossible. The TDIU claim was deemed moot because the Veteran had a single 100 percent disabling condition and did not meet the criteria for TDIU with a separate 60 percent rated disability. For DEA benefits, the Board determined that eligibility was established on November 10, 2022, based on the 100 percent PTSD rating, and therefore, no earlier effective date was warranted. The Board applied the benefit-of-the-doubt doctrine but found the evidence was not in approximate balance, thus denying the claims. The appeal period began on November 10, 2022, as no claims for increased rating were received in the year prior.

Rationale

Veteran already rated at maximum 100 percent for PTSD.; No legal basis for rating in excess of 100 percent.; Evidence not in approximate balance for benefit of doubt.

Service Branch

ARMY

Special Benefit

TDIU; EARLIER EFFECTIVE DATE

Docket No.

240308-421329

Full Decision Text

Citation Nr: A26040726
Decision Date: 04/30/26 Archive Date: 04/30/26

DOCKET NO. 240308-421329
DATE: April 30, 2026

ORDER

Entitlement to a rating in excess of 100 percent for service-connected posttraumatic stress disorder (PTSD), prior to November 10, 2022, is denied.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is moot.

Entitlement to an effective date prior to November 10, 2022, for the grant of eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is denied.

FINDINGS OF FACT

1. The Veteran's intent to file was received on November 10, 2022. No claims for an increased rating were received in the year prior.

2. Since November 10, 2022, the Veteran is already in receipt of the highest, 100 percent rating, for his service-connected PTSD.

3. Since November 10, 2022, the Veteran has a single disability rated at 100 percent disabling but does not have any additional service-connected disabilities.

4. The Veteran did not meet basic eligibility for DEA until November 10, 2022.

CONCLUSIONS OF LAW

1. Prior to November 10, 2022, the criteria for a disability rating in excess of 100 percent, for PTSD were not been met. 38 U.S.C. §§ 1155, 5103A, 5107(b); 38 C.F.R. §§ 3.102, 3.159, 4.130, Diagnostic Code 8045-9411.

2. Entitlement to a TDIU is moot. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i).

3. The criteria for entitlement to eligibility for DEA benefits, prior to November 10, 2022, have not been met. 38 U.S.C. §§ 3501, 3510, 5113; 38 C.F.R. §§ 3.400, 3.807 (a), 21.3021.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from January 1972 to March 1973.

This matter comes to the Board of Veterans' Appeals (Board) on appeal of a February 2024 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In the March 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On December 19, 2025, the Veteran withdrew the hearing request. Therefore, the Board may only consider the evidence of record at the time of the February 2024 agency of original jurisdiction (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). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 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 claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

Increased Rating and Effective Date - PTSD

The Board finds that a higher rating prior to November 1, 2022, is not warranted for the Veteran's service-connected PTSD for the appellate period.

Generally, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will 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 Board notes that the Veteran's intent to file was received on November 10, 2022. No claims
Supplemental Claim are included with this decision.

Increased Rating and Effective Date - PTSD

The Board finds that a higher rating prior to November 1, 2022, is not warranted for the Veteran's service-connected PTSD for the appellate period.

The Board notes that the Veteran's intent to file was received on November 10, 2022. No claims for an increased rating were received in the year prior. As noted in its decision under Docket Number 230608-406719, the June 8, 2023, request for an extension of time to file an appeal from a rating decision issued in July 2019, that granted service connection for PTSD at 70 percent disabling effective April 12, 2019, was denied. Therefore, the appeal period begins on November 10, 2022, as that is the date of receipt of the current claim.

An evaluation of 100 percent is the highest scheduler evaluation available for PTSD, which the Veteran has already been awarded throughout the entire appellate period. Accordingly, the claim is denied as there is no legal basis upon which to award an evaluation in excess of 100 percent.

In reaching this conclusion, the Board has considered the applicability of the benefit-of-the-doubt doctrine. However, there is not an approximate balance of positive and negative evidence regarding the merits of the issue, and the benefit of the doubt shall not be given to the Veteran. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. When the evidence is not in approximate balance or nearly equal, the claim is to be denied. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

TDIU

Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. 38 C.F.R. §§ 3.340, 3.341, 4.16(a). If there is only one such disability, it must be rated at 60 percent or more, and if there are two or more disabilities, there shall be at least one disability rated at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent. 38 C.F.R. § 4.16(a).

Throughout the entire appellate period, the Veteran is rated at 100 percent for his single service-connected disability.

The Board notes that the presence of a schedular 100 percent disability rating does not necessarily render the issue of TDIU moot. See Bradley v. Peake, 22 Vet. App. 280, 293-94 (2008) (holding that 100 percent evaluation does not render a TDIU claim moot where there is a possibility that TDIU will impact entitlement to special monthly compensation (SMC) based on receipt of service connection for a disability with a 100 percent rating and another with a separate 60 percent rating).

In this case, however, while the Veteran does have a single disability that is 100 percent rated, the Veteran does not have another with a separate 60 percent rating. The Board finds that a TDIU is therefore moot for the appellate period.

Earlier Effective Date - DEA

Except as provided in subsections (b) and (c), effective dates relating to awards under Chapter 35 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation. 38 U.S.C. § 5113. Subsection (b) provides that when determining the effective date of an award under Chapter 35 for an individual described in paragraph (b) (2) of 38 U.S.C. § 5113, based on an original claim, VA may consider the individual's application as having been filed on the eligibility date of the individual if that eligibility date is more than one year before the date of the initial rating decision. For these purposes, "eligibility date" means the date on which the individual became an eligible person as defined by 38 U.S.C. § 3501 (a)(1), and "initial rating decision" means a decision by VA that establishes the veteran's total disability as permanent in nature. 38 U.S.C. § 5113 (b)(3).

In the case of a veteran who is alive, the conditions for basic eligibility for Dependents' Educational Assistance (DEA) include: (1) the Veteran's discharge from service under conditions other than dishonorable; and (2) the Veteran has a permanent total service-connected disability. 38 C.F.R. § 3.807 (a). Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. 38 C.F.R. § 3.340 (a). Permanence of disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. 38 C.F.R. § 3.340 (b). The term "total disability permanent in nature" for the purpose of DEA benefits means any disability rated total for the purposes of disability compensation which is based on impairment reasonably certain to continue throughout the life of the disabled person. 38 U.S.C. § 3501 (a)(7).

The Veteran was awarded eligibility to DEA effective November 10, 2022, based upon the finding that he was entitled a 100 percent rating for his service-connected PTSD as of that date, and hence, was entitled to a total disability evaluation. Since the effective date for DEA benefits was directly predicated on finding that the Veteran had a permanent and total disability rating due to service-connected disability, November 10, 2022, is the earliest date at which the Veteran could establish eligibility for DEA benefits. Accordingly, as none of the other criteria for DEA, under 38 C.F.R. § 3.807, have been met at any time prior to November 10, 2022, entitlement to an earlier effective date for DEA benefits is denied.

Christopher Seppanen

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Gandhi, Rahil

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.

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