Gudinas v. McDonough, No. 19-2640(Argued January 22, 2021 Decided April 16, 2021); EED for service-connected post-traumatic stress disorder (PTSD); 38 C.F.R. § 3.156(b);

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-2640
GERRY E. GUDINAS, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
On Appeal from the Board of Veterans’ Appeals
(Argued January 22, 2021 Decided April 16, 2021)
Kenneth M. Carpenter, of Topeka, Kansas, for the appellant.
Shondriette D. Kelley, with whom William A. Hudson, Jr., Acting General Counsel; Mary
A. Flynn, Chief Counsel; and Selket N. Cottle, Deputy Chief Counsel, were on the brief, all of
Washington, D.C., for the appellee.
Before PIETSCH, GREENBERG, and MEREDITH, Judges.
PIETSCH, Judge, filed the opinion of the Court. GREENBERG, Judge, filed a dissenting
opinion.

PIETSCH, Judge: The appellant, Gerry E. Gudinas, through counsel appeals a December 20, 2018, Board of Veterans’ Appeals (Board) decision that denied an effective date earlier than October 26, 2015, for the grant of a 100% rating for service-connected post-traumatic stress disorder (PTSD). Record (R.) at 5-12. The Board remanded the issue of entitlement to service connection for sleep apnea, as secondary to PTSD. Id. The remanded issue is not before the Court. Hampton v. Gober, 10 Vet.App. 481, 483 (1997). This appeal is timely, and the Court has jurisdiction to review the Board’s decision pursuant to 38 U.S.C. §§ 7252(a) and 7266(a). On
October 29, 2020, this matter was referred to a panel and oral argument was held on January 22,

For the following reasons, the Court will affirm the Board’s decision.
I. FACTS
The appellant had active service in the U.S. Army from October 1966 to October 1968.
R. at 886. In the September 2005 rating decision, the regional office (RO) granted service
connection