When a veteran submits a claim for disability benefits to the Department of Veterans Affairs, one of the most important pieces of information is the “effective date.” The effective date for a disability benefits claim determines when a veteran should have begun receiving benefits payments. As a result, the effective date of a VA disability benefits application can have substantial financial consequences for a veteran. Securing an effective date as early as possible may allow veterans to recover thousands of dollars in compensation.
What Are Effective Dates for VA Claims?
Under VA regulations, the effective date of a disability benefits claim is the date a veteran can begin receiving benefits. Because the date that the VA approves a disability benefits claim usually comes after the effective date of a veteran’s application, the VA pays a veteran “back pay” representing the payments they should have received from the effective date of their application to the date that the VA begins sending the veteran benefit checks. Depending on the effective date of a veteran’s claim and the amount of their monthly benefit, a veteran might receive thousands of dollars in back pay once the VA approves their claim.
How the VA Determines Effective Dates
The VA has various rules for determining the effective date of a disability benefits claim. For most claims, the VA sets the effective date at the later of:
- The date the veteran filed their claim
- The date the veteran’s condition manifested
However, if a veteran files their claim within 1 year of leaving military service, the VA can set the effective date as the day after separation from the military. Furthermore, when a veteran with a presumptive condition (a condition the VA assumes arose from military service) files a disability benefits claim within 1 year of leaving the military, the VA may set the effective date as the date the veteran’s condition first manifested symptoms.
When the VA makes a clear and unmistakable erroneous decision in a veteran’s claim, the VA can set the effective date as early as the date the veteran would have started receiving benefits absent the VA’s error.
A veteran favored by a change in the law or a regulation can have an effective date set on the date of the change, or if the veteran files more than one year after the change, up to one year before the filing date.
Finally, when a veteran experiences an increase in their disability, the VA can set the effective date for an increased disability rating at the date the veteran can prove their symptoms worsened, if the veteran requests an increase of their rating within one year of that date.
Why Veterans Leave Money on the Table
Veterans may inadvertently forgo hundreds or thousands of dollars in back pay by accepting the VA’s assigned effective date at face value. However, veterans can file administrative appeals to challenge the effective date assigned to their claim. A veteran’s appeal need not challenge other aspects of the VA’s decision, such as the assigned disability rating. Veterans should seek experienced legal counsel to determine whether the VA may have assigned the wrong effective date under the department’s regulations.
Contact an Experienced VA Disability Benefits Attorney Today
Have you applied for VA disability benefits? If so, the effective date assigned to your claim can determine how much back pay you receive after the VA approves your application. Contact Kinman Law Office today for a free case evaluation with a VA disability lawyer to learn more about effective dates and why securing the correct date for your disability benefits claim may mean a difference of thousands of dollars in disability compensation you deserve to receive from the VA.