What Is Va Disability Effective Date

1 the date the current underlying claim s was filed and 2 the date the veteran became unemployable due to the service-connected disability.

What is va disability effective date. Effective December 1 2020 Note. Reopened Claims Normally the effective date for a reopened claim is the date of receipt of claim or date entitlement arose whichever is later. However there are many situations in which this general rule does not apply entitling you to an earlier effective date. The VA grants your claim relying on the military medical records you provided.

For instance if you applied for veterans disability on January 13 2017 and the VA received your application on January 18 2017 that is your effective date. Under 38 CFR 3156 c you are entitled to the effective date of the original claim in 1976. 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. 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.

This argument can still fail if the VA sticks to the hard and fast rule that the effective date of the disability is the date the Veteran filed for service connection or the date the disability arose whichever is later. If you have a 10 to 20 disability rating you wont receive a higher rate even if you have a dependent spouse child or parent. If the claim is received by VA after one year of release from active duty the effective date is the date of receipt of the claim or the date entitlement arose whichever is later. The effective date is when you will start receiving your VA disability compensation.

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. The rule in general for effective dates is that the effective date of a claim is the date the claim was filed. Disability benefits will be due to you from the first day of the month following the month of the effective date. In most cases you determine your effective date based on when the Department of Veterans Affairs VA received your application for benefits.

For example if a veteran applied for benefits on October 12 2014 and was finally awarded benefits in January 2016 benefits would be due to the veteran from November 1 2014 forward. The effective date for your increased benefits will usually be the date VA receives your claim for an increase or a new disability. The effective date of a TDIU rating is the date when the veteran became unemployable as a result of the service-connected disability. One of the most contested issues in VA disability claims revolves around the effective date of a disability.

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. The VA may award an earlier effective date for an individual evaluation of a current service-connected disability if private medical evidence reveals that there is an increase in the veterans disability and a claim is received within one year of the factually. An effective date is used by VA as a start date for the payment of disability benefits for a claim in other words it is the date that a benefit became effective. Compensation rates for Veterans with a 30 to 100 disability rating Effective December 1 2020.

Unfortunately many are disappointed when they learn that in most instances the effective date of their disability compensation benefits will be a later date. Often this date is the date that the veteran filed his or her most recent claim for disability compensation or increased compensation. The effective date for disability compensation benefits is usually the date the Department of Veterans Affairs VA received your application. This is determined by two factors.