Va Effective Date Wrong

Post Feb 14 2015 1 2015-02-14T0937.

Va effective date wrong. 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. 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. VA effective date wrong. If a veteran files an intent to file form or previously had filed an informal claim and then they submit a formal claim on a VA Form 21-526 within a year the effective date assigned would be the date of the intent to file.

The effective date determines when benefits are payable. On Monday 09FEB15 I checked my eBenefits profile and found that my claim has been processed. If you have requested and been granted an increased disability rating the effective date for the increase will typically be the date you filed a claim for the increase. However the Veterans appeal of the decision that got the Effective Date wrong was still at the BVA.

Liberalizing law change If theres a change in law or VA regulation that allows us to pay disability compensation monthly payments the effective date may be assigned in any of these ways. I havent received my brown envelope yet but I did generate a benefits summary letter via the eBenefits website and it says that Im rated at 60 disability. 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. This is because there is another aspect to claims which the VA often gets wrong the effective date.

Unfortunately many are disappointed when they learn that in most instances the effective date of their disability compensation benefits will be a later date. Getting the correct effective Date is the 4th Pillar of my 4 Pillars of a VA Claim for Service Connection. For example a veteran files a VA Form 21-0966 on July 1 2015 and then files a formal claim on the VA Form 21-526 on. This means the effective date for benefits is usually the date the veteran applied to the VA.

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. Generally your effective date will be the later of the facts found or the date you applied. For example suppose a veteran is diagnosed with PTSD in January 2018 and applies for benefits in March 2018. One of the most contested issues in VA disability claims revolves around the effective date of a disability.

Effective dates can vary based on the type of benefit and the circumstances of the claim. When the BVA issued a decision on the Effective Date of course denying it the VA had a GREAT argument that the Veterans CUE Claim was subsumed by a Final BVA Decision on the same issue. What Is the Effective Date for an Increased Disability Rating. The rules for effective dates of awards are one of the most confusing aspects of VA law and the VA disability claims process because there are so many exceptions and special scenarios that have different rules.

The LAST thing that you want to make sure of in any VA Claim or Appeal is that the VA assigned the right Effective Date. When I say its the last thing that you want to address that does not mean you should ignore it throughout your claim. A clear and unmistakable error CUE is a rare type of error made by VA that could potentially result in an earlier effective date for benefits. There are some notable exceptions however.