Blubaugh v. McDonald, No. 13-7119 (Fed. Cir. 2014)
Annotate this CaseBlubaugh served in the Army, 1964-1966 and was a gunner in Vietnam. In 1988, he sought service connection for multiple medical conditions, including post-traumatic stress disorder (PTSD). The VA denied service connection, finding that his VA psychological examination did not support a diagnosis of PTSD. Blubaugh did not appeal, but in 1992, sought to reopen his claim. The VA concluded that a second examination did not support a PTSD diagnosis and noted the “absence of a definitive confirmable stressor.” In 2008, Blubaugh filed a second request to reopen. Unlike his previous submissions, this request included a statement describing his experiences in Vietnam and post-service difficulties. The VA also received, for the first time, medical documentation showing a positive diagnosis of PTSD. The VA granted service connection for PTSD and assigned a 10 percent disability rating effective 2008. The Federal Circuit affirmed. The effective date for a disability rating is generally determined by the date the disabling condition arose, or the date the claim was submitted, whichever is later. An exception for claims granted based on certain service department records that were associated with the veteran’s claims file after the claim was first decided does not apply to Blubaugh’s case.
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