What Is The Effective Date Of A Va Claim

What Is The Effective Date Of A Va Claim

In most cases you determine your effective date based on when the Department of Veterans Affairs VA received your application for benefits. The general rule is that the effective date will be the date the claim was filed or the date entitlement to the benefit arose whichever is later.


Va Benefit Eligibility Matrix Military Retirement Benefits Benefit Veterans Benefits

Determining the Filing Date Prior to March 2015 veterans were able to send in nearly anything requesting a determination of entitlement to service connection.

What is the effective date of a va claim. For claims based on a Veterans death in service the effective date is the first day of the month in which the Veteran died or was presumed to have died. January 2015 is the earliest effective date you can get see however Arguments 1 2 and 3 to see if there was an earlier original or increased or reopened rating claim prior to that date that would support an even earlier effective date. Often this date is the date that the veteran filed his or her most recent claim for disability compensation or increased compensation.

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. It is most likely that the veterans effective date is March 2018. 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.

Reopened Claims Normally the effective date for a reopened claim is the date of receipt of claim or date entitlement arose whichever is later. The Date VA Received the Claim or the Date Entitlement Arose Posted by Berry Law Firm on February 27 2014 in Uncategorized The general rule for effective dates is the date the VA received the claim or the date entitlement arose whichever is later. There is a month after rule which means your wont be paid for Nov 1 Dec is when benefits for pay actually start.

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. The general rule for first-time applications for service-connected disability compensation is that the effective date for benefits is the date entitlement to the benefit began or the date the Department of Veterans Affairs VA received the application for benefits whichever is later. 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 rule in general for effective dates is that the effective date of a claim is the date the claim was filed. Clear and Unmistakable Error Claims If your Clear and Unmistakable Error CUE claim is successful you may obtain an earlier VA Disability effective date. However there are many situations in which this general rule does not apply entitling you to an earlier effective date.

The monthly benefits are accrued with means your money for Dec is deposited the 1st duty day of the the following month but this year because of the weekendholiday youll be paid 29 Dec. This is true only if we get the claim within one year of the date of the report of the Veterans actual or presumed death. The effective date is when you will start receiving your VA disability compensation.

You will take the effective date of the original claim as if you would have won in the first place. Otherwise the effective date is the date we get the claim. As part of an award of benefits VA establishes an effective date of the award.