Vigil Vs. Peake Case Study

The appropriate effective date for the grant of service connection for PTSD should be dated back to August 1980, not May 2000. This argument is based on the precedent set forth in Vigil v. Peake. In Vigil v. Peake, Judge Kasold explains the conditions under which an earlier effective date can be granted, and these conditions can also be applied to our case.

In his opinion, Judge Kasold explains that 38 C.F.R. § 3.156(c) authorizes that an effective date can be stated as early as the date of the original claim and up to the date of the claim to reopen. The opinion further explains that if an initial claim is denied due to a lack of evidence, but is later granted based on the receipt of newly acquired records and medical evidence that shows

In this claim it was noted that his stressor event from service was that his unit was heavily mortared one night and his best friend was killed in this attack. However, his claim was denied in December 1980 due to the fact that there was no evidence provided that was able to prove the individual was ever in combat, nor was there any evidence to prove that the mortar event ever happened. However, in April 2000, the veteran submitted military personnel records that indicated that he was indeed stationed in Vietnam from March 1970 until March 1971 with the C Company of the 554th Engineering Battalion. He also provided further information showing evidence that two members of the C Company had died during a mortar attack in January 1971. This new information helped to corroborate the information that was given during his August 1980 claim, and the VA granted him a 50 percent schedular rating for PTSD effective May 2000.

However, it is obvious that May 2000 in an inappropriate effective date. In our case, the original claim was denied due to a lack of evidence. Benefits were then later granted based on newly acquired records. Thus, according to Judge Kasold, our veteran has the right to have an evaluation to determine which date is more effective, August 1980 or May 2000. Since a retroactive evaluation would show that our veteran’s diagnosis of PTSD is linked with his service back in 1970-1971, in this case the more effective date would be August 1980, the date the original claim was