Appealing Your Veterans Affairs Claim Effective Date

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 Veteran’s 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.

Determining What
Your Effective Date Should Be

While effective dates may seem very straightforward, there are many instances where the VA assigns the incorrect effective date for your claim. In most cases, it is as simple as the date the Department of Veterans Affairs receives your VA claim. However, you may run into effective date problems if:

You attended a medical examination – If you attended a medical examination, the VA may incorrectly use the date of the examination instead of the date they received your VA claim for your effective date. If this happens, you should appeal the effective date with the assistance of an attorney.

You appealed your claim – If you appeal your claim, the VA may use the date of the appeal as the effective date instead of the date they received your appeal. This is also incorrect. If the VA uses the date of your appeal as the effective date, you should further appeal your claim to get this corrected.

You reopened your VA claim – If you reopen your claim, you may be confused that your effective date is now the date the claim was reopened, not the date the VA first received your claim. While this may seem wrong, it is actually correct. That is why it is so important that you continue to appeal unfavorable decisions for your claim. If you fail to do so, you could lose your effective date and potentially miss out on tens of thousands of dollars in retroactive benefits.

You recently left service – If you recently left the military and applied for disability benefits within a year of your separation from service, your effective date should be the day after you left the military instead of the date the VA receives your claim.

There was a change in VA law – If there was recently a change in VA law that allows you to receive disability benefits for your condition, your effective date will be the date the law was changed if you file your claim within a year of the law change. However, if you file a claim one year after the law changed, your effective date will be the day the VA receives your claim.

If you disagree with your effective date, you should appeal with the help of an attorney.

Effective Dates
and Creation of Evidence

Court rulings have sided with Veterans regarding effective dates for claims. McGrath v. Gober, 14 Vet. App. 28, 35 (2000) found that the date evidence was submitted or the date of the creation of evidence does not determine the effective date of a disability. It was determined that the effective date shall be set to the date the disability manifested itself. So, when evidence is submitted or created does not impact a Veteran’s effective date. For this reason, medical examinations play no role in determining an effective date.

If a Veteran files for service connection or an increased evaluation, the VA may wait months or even years before providing a VA examination. If the VA then grants the Veteran service connection and gives them an effective date that matches the date of the VA medical examination, the VA has avoided compensating the Veteran for the period between filing and the examination. Such decisions can be challenged and can result in the VA granting the Veteran an earlier effective date and additional back pay awards.

Effective Date Issues and Dependency and Indemnity Compensation

Another case in which appealing a VA disability effective date may be warranted occurs when eligible spouses, children, and dependents of military service members receive Dependency and Indemnity Compensation (DIC) after a Veteran’s death. These benefits are typically backdated to the first day of the month following the day the Veteran died or was presumed to have passed away. However, claims submitted prior to this event, such as those for disability compensation benefits, may affect the VA effective date of the DIC benefits after their approval.

Determining the correct effective date for these claims can be a complex affair and is largely aided by the help of a decisive and meticulous VA disability benefits attorney.