Va Early Effective Date

However there are many situations in which this general rule does not apply entitling you to an earlier effective date.

Va early effective date. If we get a claim more than one year after a Veteran suffered an injury their injury got worse or they died the effective date is the date we get the claim. Heres how it works. Earlier Effective Date for VA Claim. 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 effective date is when you will start receiving your VA disability compensation. The effective date for disability compensation benefits is usually the date the Department of Veterans Affairs VA received your application. Disability benefits will be due to you from the first day of the month following the month of the effective date. Generally speaking the effective date will be the date the VA received the claim or the date that entitlement arose whichever is later.

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. 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 law on effective date is that it is typically the date that the veteran filed the current claim. This is an extremely difficult burden and veterans rarely win these cases.

The rule in general for effective dates is that the effective date of a claim is the date the claim was filed. Often this date is the date that the veteran filed his or her most recent claim for disability compensation or increased compensation. The general rule for effective dates is the date the VA received the claim or the date that entitlement arose whichever is later. The VA has a little known and underutilized regulation that allows Veterans to receive an effective date back to the date they originally filed a claim regardless of whether or not the appeal was active the whole time.

If we get a claim within one year of the date of a Veterans death the effective date is the first day of the month in which the Veteran died. 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. However the VA does not consistently hold to these rules. 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 of an award of disability compensation to a veteran shall be the day following the date of the veterans discharge or release if application therefor is received within one year from such date of discharge or release. Otherwise the effective date is the date we get the claim. As part of an award of benefits VA establishes an effective date of the award. 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.

1 Reopen your claim and prove service connection based on military service records or service medical treatment records. This is one that the VA hates. Generally speaking there are four different ways you can get earlier effective dates for VA disability benefits compensation claims. 3156 c enables Veterans to receive an effective date back to the date they originally filed their claims if the grant is based in part on a military record that was not part of the claims file C-file when the claims were denied.

Effective Dates govern how much a Veteran or a surviving spouse in an accrued benefits or DIC claim might receive in past-due benefits.