Va Disability Increase Effective Date

Example 2 Ric is a Veteran who ended his active service on September 30 2013 with a hearing disability.

Va disability increase effective date. Veterans who file for an increase in a disability rating within one year of it becoming factually ascertainable that their disability worsened. Veterans who file for Total Disability based on Individual Unemployability. Another situation with complicated special effective date rules occurs when a veteran files a claim for increase in disability rating within one year of the date that the disability got worse. 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.

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. If you have a 10 to 20 disability rating you wont receive a higher rate even if you have a dependent spouse child or parent. He filed a claim for his hearing problem less than a year later. This is why it is so important to submit your Increased Rating claim as soon as your mental or physical impairments worsen.

But the VA is often wrong. When VA makes a determination that a compensation award is to be paid based on a claim an effective date is also assigned. Disability benefits will be due to you from the first day of the month following the month of the effective date. 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.

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred if application is received within one year from such date. Often this date is the date that the veteran filed his or her most recent claim for disability compensation or increased compensation. Since monthly benefit awards begin the first day of the month following the effective date assigned by the VA the VA would owe you benefits starting February 2017. The effective date for your increased benefits will usually be the date VA receives your claim for an increase or a new disability.

And the VA often tries to apply this general effective date rule to VA increased rating claims. In order for this special rule to apply the disability must already be service connected. Check to see if you submitted new evidence in the appeal period 3156b or anytime if it was new service records. Remember that the effective date general rule says that the effective date for your disability compensation rating is the later of the date the VA receives the claim or the date the entitlement arose.

In most cases you determine your effective date based on when the Department of Veterans Affairs VA received your application for benefits. Effective December 1 2020 Note. On March 10 2015 we awarded Shaun a 30 disability rating with an effective date of November 15 2014the date we got the claim. Increased Rating Claims The VA Disability effective date for Increased Ratings claims is the date you submitted your Increased Rating claim.

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. Increase in Disability Rating. 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. The earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date otherwise the date the claim was received.