Va Disability Effective Date Wrong

The correct effective date should go back to 1980 because the VAs grant was based on service records that were not considered in the original denial.

Va disability effective date wrong. When the United States Department of Veterans Affairs authorizes disability compensation to a veteran they assign an effective date to the claim. The date entitlement arose means the date the condition was shown to exist by medical evidence. Error 3 Intent to File. An effective date is used by VA as a start date for the payment of disability benefits for a claim in other words it is the date that a benefit became effective.

Just go into a CUE Claim with your eyes wide open and spend a lot of time researching the law. The general rule for first-time applications for service-connected disability compensation is that the effective date for benefits is the date entitlement to the benefit began or the date the Department of Veterans Affairs VA received the application for benefits whichever is later. For instance if you applied for veterans disability on January 13 2017 and the VA received your application on January 18 2017 that is your effective date. One of the most contested issues in VA disability claims revolves around the effective date of a disability.

Generally an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose whichever is later. If you submitted new evidence you may get an earlier effective date via 38 CFR 3156 b pending claim or 3156 c new service records. Keep in mind that the VAs decision to grant must be based at least in part on the newly obtained service records. How to Determine the Correct VA Effective Date for Your Claim.

This is one that the VA hates. As MAC noted that date is not the effective date of the veterans disability rating - it is the date that the dollar amount for the veterans current rating last changed. Check to see if you submitted new evidence in the appeal period 3156b or anytime if it was new service records. If you are searching Veterans Court and BVA Decisions on the issue of Effective Date determinations the BVA and the Court sometimes refer to effective date appeals as one type of Downstream Issue.

Unfortunately many are disappointed when they learn that in most instances the effective date of their disability compensation benefits will be a later date. In most cases you determine your effective date based on when the Department of Veterans Affairs VA received your application for benefits. Often this date is the date that the veteran filed his or her most recent claim for disability compensation or increased compensation. The effective date is when you will start receiving your VA disability compensation.

1 Reopen your claim and prove service connection based on military service records or service medical treatment records. The rule in general for effective dates is that the effective date of a claim is the date the claim was filed. For that poster writing in Feb of 2015 the last change to the dollar amount was the COLA change for the rating applied in December 2014. For claims based on a Veterans death in service the effective date is the first day of the month in which the Veteran died or was presumed to have died.

Here are 2 of the most common legal theories to argue for an Earlier Effective Date in a VA Disability Compensation Claim. This is true only if we get the claim within one year of the date of the report of the Veterans actual or presumed death. Many veterans believe that because their current disability is directly caused by an in-service event or occurrence the effective date of their disability claim should be the day after they leave the service.