Va Supplemental Claim Effective Date

Therefore the claimant would be entitled to back pay from January 1 2010 to April 1 2017 at a 30 disability rate and then monthly installments thereafter at the same disability rate.

Va supplemental claim effective date. It is important to ensure you keep your effective date as that is the date to which the VA will recognize your disability benefits having started. If VA receives that information within 60 days of such notice it will be considered filed for potential effective date purposes as of the date of receipt of the incomplete claim. The VA grants your claim relying on the military medical records you provided. You lost your earlier effective date and the VA benefits from sitting on an unadjudicated claim for years or more commonly decades.

3156b does not apply to supplemental claims. Additionally the supplemental claim itself must be filed within one year of VAs decision in order for the effective date to remain the date of the original underlying claim. The effective date on E-benefits the letter generator and per Peggy is 4232019 which is the date I filed my last Supplemental Claim via Form 20-0995. You have a year from the date of the original decision to submit it in order to keep your original 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. You can file a Supplemental Claim anytime but we recommend you file within one year from the date on your decision letter. How long does it take VA to make a decision. Earlier Effective Date Argument 2 Next you are going to want to see if there are any previous claims that are open and pending.

You cant file a Supplemental Claim if you have a fiduciary claim or a contested claim. 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. As noted above any claims to reopen undecided as of February 19 2019 are now supplemental claims. Make sure you meet the VA appeals deadline for filing a supplemental claim lane appeal.

After receiving an incomplete supplemental claim VA must notify the claimant and representative if any of the information necessary to render the claim complete. If there is a change in law or VA regulation that allows for VA to pay disability compensation the effective date may be assigned in the following ways. The effective date for disability compensation benefits is usually the date the Department of Veterans Affairs VA received your application. Normally the effective date for a reopened claim is the date of receipt of claim or date entitlement arose whichever is later.

Unless specifically provided otherwise in this chapter the effective date of an award based on an initial claim or a supplemental claim of compensation dependency and indemnity compensation or pension shall be fixed in accordance with the facts found but shall not be earlier than the date of receipt of application therefor. Disability benefits will be due to you from the first day of the month following the month of the effective date. On the other hand if the supplemental claim is filed more than one year after the decision the effective date will be the date the supplemental claim was filed. Under 38 CFR 3156 c you are entitled to the effective date of the original claim in 1976.