Va Earlier Effective Date

An earlier effective date is important because it could result in a veteran receiving more retroactive benefits.

Va earlier effective date. A claim filed years ago wasnever adjudicated by VA and remains pending. The advocate sees thatthe claim is still pending and asks VA to. This is one that the VA hates. The law on effective date is that it is typically the date that the veteran filed the current claim.

However there are many situations in which this general rule does not apply entitling you to an earlier effective date. A Veteran seeking an Earlier Effective date for entitlement to VA benefits that is earlier than the one decided by the VA Regional Office really has just 2 options to get an Earlier Effective Date. The general rule for an original claim for benefits is that theeffective date is the date the VA receives the claim or the date that entitlement arose whichever is laterDetermining the date entitlement arose may be difficultMost advocates are familiar with one situation which may result inan earlier effective date of benefits. This is an extremely difficult burden and veterans rarely win these cases.

1 Reopen your claim and prove service connection based on military service records or service medical treatment records. Because we got the claim more than 1 year after Susan separated from active service the effective date was October 2 2014the date we got the claim. Here are 2 of the most common legal theories to argue for an Earlier Effective Date in a VA Disability Compensation Claim. The only way to appeal the effective date after the decision is final is to show that the VA made a clear and unmistakable error called a CUE claim.

The rule in general for effective dates is that the effective date of a claim is the date the claim was filed. If the claim is received by VA after one year of release from active duty the effective date is the date of receipt of the claim or the date entitlement arose whichever is later. Additionally if a claim is filed within a year of the Veterans discharge the effective date would be the day after discharge. The effective date is when you will start receiving your VA disability compensation.

If you are able to re-open a claim you may be able to take the original VA Disability effective date. The effective date for a reopened claim is the date we get the claim to reopen or the date you first got your illness or injury whichever is later. Retroactive benefits are the monies VA owes to a veteran for the time that has elapsed from the veterans effective date to the time they are granted benefits. However the VA does not consistently hold to these rules.

Normally the effective date for a reopened claim is the date of receipt of claim or date entitlement arose whichever is later. This unfortunately is not a reason to obtain an earlier VA Disability effective date. September 2014 is the earliest effective date you can get see however Arguments 1 2 and 3 to see if there was an earlier original or increased or reopened rating claim prior to that date that would support an even earlier effective date. Which option you choose largely depends on the status of the decision that first assigned the effective date.

Some veterans are able to re-open claims from decades ago. Even though the VA has a duty to assist that does not mean you can challenge effective dates based upon the VAs inaction. 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. Generally the earlier the effective date the more retroactive benefits VA must pay.

What if I am able to re-open a claim years later.