United States Federal Circuit

In this case, claimant Blubaugh was awarded a disability rating for post-traumatic stress disorder (PTSD) effective July 25, 2008, and he now seeks an earlier effective date for that rating. Judgment of the Veterans Court finding that the July 25, 2008 effective date is proper is affirmed, where: 1) the VA's 1993 decision denying a diagnosis of PTSD exhausted any duty it had to reconsider Blubaugh's claim under 38 C.F.R. 3.156(c) in view of his DA Form 20; and 2) the VA's decision to award Blubaugh benefits in 2008 relied on new medical records showing the PTSD diagnosis and evidence of a definitive confirmable stressor, which constituted new and material evidence under section 3.156(a), not newly associated service department records under section 3.156(c).

Appellate Information

• Decided 12/09/2014
• Published 12/09/2014

Judges

• Hughes

Court

• United States Federal Circuit

Counsel