Va Disability Effective Date

Disability benefits will be due to you from the first day of the month following the month of the effective date.

Va disability effective date. Things get tricky when a veteran files a claim that is not fully developed or files for a different condition. The effective date for disability compensation benefits is usually the date the Department of Veterans Affairs VA received your application. VA Disability Effective Date Rules. 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.

The VA may award an earlier effective date for an individual evaluation of a current service-connected disability if private medical evidence reveals that there is an increase in the veterans disability and a claim is received within one year of the factually ascertainable increase. For example if a veteran files a claim without an official diagnosis. The effective date is when you will start receiving your VA disability compensation. Generally in a claim for Increase in Rating the effective date is the later of the date that your service-connected disability got worse or the date the VA received your claim.

Otherwise the effective date is the date we get the claim. However there are many situations in which this general rule does not apply entitling you to an earlier effective date. How Effective Dates are Assigned. Listed below are the most common types of claims and generally how effective dates are assigned for each type.

Generally the VA effective date for a reopened claim is the date that your request to reopen or supplemental claim is filed or the date your entitlement arose. Sometimes this is not the earliest possible effective date and there are several ways to argue for an. 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. Often this date is the date that the veteran filed his or her most recent claim for disability compensation or increased compensation.

DRO Review ended on March 13 2013 after almost two years and granted award of right knee as secondary to left with original effective date of March 10 2009 because of continuous and uninterrupted appeal. Request for a Disability Increase Veterans have the right to file for an increased disability rating with the VA. One of the most contested issues in VA disability claims revolves around the effective date of a disability. My situation is different than your which is why I was awarded same original effective date.

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. In most cases you determine your effective date based on when the Department of Veterans Affairs VA received your application for benefits. The effective date of a TDIU rating is the date when the veteran became unemployable as a result of the service-connected disability. 1 the date the current underlying claim s was filed and 2 the date the veteran became unemployable due to the service-connected disability.

For example if a veteran applied for benefits on October 12 2014 and was finally awarded benefits in January 2016 benefits would be due to the veteran from November 1 2014 forward. One of the most contested issues in VA disability claims revolves around the effective date of a disability. The effective date is whichever date occurred latest. Unfortunately many are disappointed when they learn that in most instances the effective date of their disability compensation benefits will be a later date.

For example if a claim has an effective date of May 1 st 2015 that isnt granted until May 1 st 2016 the Veteran is entitled to compensation for the year that passed since the effective date. The general rule for effective dates on the first application is based upon the date medical evidence of the disability existed or the date the VA received your application whichever is later. With reopen claims the general rule is that the effective date is the date the VA received the reopened claim or the date the benefit arose whichever is later. This is determined by two factors.

This argument can still fail if the VA sticks to the hard and fast rule that the effective date of the disability is the date the Veteran filed for service connection or the date the disability arose whichever is later. 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. 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. 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.

As part of an award of benefits VA establishes an effective date of the award. The rule in general for effective dates is that the effective date of a claim is the date the claim was filed.