The VA offers disability benefits to veterans who suffered illness or injury during their time in the military. The amount and timing depend on multiple factors, including the severity of one’s medical condition, time in service, and whether that veteran is married with dependents.
You may start receiving some financial benefits before you get a decision letter. The key is what’s called your “effective date.” It is generally the initial application date, but not always.
What Does “Effective Date” Mean in VA Disability Claims?
The VA’s effective date is usually the date the VA claim is filed. You may or may not begin receiving small monthly payments once they receive your application and award an initial rating.
The VA disability start date also determines any retroactive benefits you might receive. This is called “back pay.” The VA back pay benefit is a one-time payment that reimburses you for any payments you should or would have received earlier, but did not. Determining the VA’s effective date is also important, as well as protecting it from being changed.
How the VA Determines the Effective Date
The VA uses this date to determine when they begin paying benefits. Generally, it’s the date when the VA receives your claim, or the date your disability began. That is, when the medical evidence shows your disability existed. The VA uses the latest of those dates to determine when payments begin.
For instance, if the medical evidence determines existence on January 15, but your application date is March 30th, the VA will generally use January 15th as your effective date.
Common Scenarios That Affect Your Effective Date
Several situations can impact your effective date.
Original Claims
As a rule, the effective date is usually tied to when the VA receives the initial claim, known as the VA’s claim filing date.
Increased Rating Claims
This date may show when the increase in disability can be factually established, if claimed within one year.
Reopened Claims
For these claims, the later effective date is typically the date the request to reopen was filed, not the original claim date.
Secondary Service-Connected Conditions
This effective date is tied to the secondary condition claim filing or when the condition arose.
Appeals and Continuously Pursued Claims
Meeting all deadlines can preserve the original claim’s effective date, however long the approval takes.
You must continue pursuing your claim, so it isn’t closed. If the VA rejects your claim, immediately exercise your right to an appeal. A VA disability attorney can help you prepare and file your appeal and increase your chances of approval. If you file a new claim instead of an appeal, your effective date will be the later of the two, costing you thousands in lost back pay.
Exceptions That Could Lead to an Earlier Effective Date (Approx. 150 words)
Some exceptions may lead to an earlier effective date.
- Clear and Unmistakable Error (CUE), which allows for the revision of past decisions
- Newly discovered service records, which may allow for a retroactive adjustment.
- Intent to File (VA Form 21-0966), which can preserve an earlier effective date if followed by a formal claim within one year.
- Claims filed within one year of discharge may result in an effective date the day after separation.
The effective date is important for any eventual back pay, and even a small change to it can significantly increase that compensation. This is also important for veterans with families, since they will receive additional compensation for spouses and dependents.
Common Mistakes Veterans Should Avoid
Veterans filing on their own may make avoidable mistakes, such as:
- Missing appeal deadlines
- Not submitting an Intent to File
- Waiting too long to file a claim
- Failing to provide medical evidence promptly
A VA disability lawyer for veterans can help protect your effective dates and ensure your claim has the correct one. They can also help:
- Ensure that your claim has timely filings and appeals
- Identify opportunities for earlier effective dates
- Handle more complex cases, such as CUE and reopened claims
- Gather needed evidence
- Strengthen evidence to support earlier entitlement
- Avoid expensive mistakes
- Ensure that the veteran receives the full benefits they deserve
Because a VA disability lawyer works with these claims every day, they understand the laws and the process involved for a successful claim.
Get Help From Herren Law
Does your claim have the correct effective date? Earlier dates can mean significant back pay.
William Herren is a disability attorney who has helped over 6,000 Houstonians and veterans get the benefits they deserve. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency-fee basis with no upfront charges or fees until we win.
