The effective date is important in a VA disability claim as it is the date the VA will pay back to when a claim is granted. For example, if a claim has an effective date of May 1st, 2015, that isn’t granted until May 1st, 2016, the Veteran is entitled to compensation for the year that passed since 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. Additionally, if a claim is filed within a year of the Veteran’s discharge, the effective date would be the day after discharge. However, the VA does not consistently hold to these rules.
When the VA makes an error on the effective date for a Veterans claim, Veterans do have options. Veterans who believe they were given an incorrect effective date have the ability to appeal. Appealing your effective date could make a substantial difference in the amount of backpay you receive.
If you need assistance appealing your effective date, Berry Law can help. We’ve helped Veterans successfully appeal incorrect effective dates, resulting in large backpay awards for our Veteran clients. Contact our team today to schedule a free case evaluation with our team.