When Veterans apply for disability benefits through the Department of Veterans Affairs (VA), he/she is assigned an effective date, which marks the beginning of their eligibility to receive disability benefits. The effective date will depend on the benefit the Veteran is applying for and the nature of the claim. It is essential to understand what effective dates mean regarding Veterans’ disability benefits, how the VA determines them, and what factors may influence their adjustment.
Determining the effective date for your disability benefits depend on the type of service connection established between your claimed disability and your military service.
For disabilities directly related to military service, the effective date is either the date the VA receives your claim or the date you first became entitled to the disability, whichever is later. The effective date can be the first day following separation from active service if you submit the claim within one year of leaving.
In cases where the VA presumes a disability is related to military service, the effective date is typically when you first became entitled to the disability. This date is used if you submit the claim within one year of separation from active service. However, when the claim is submitted more than one year after the separation, the effective date becomes the date the VA received the claim or the date you first became entitled to the disability, whichever is later.
For reopened claims, the effective date is either the date the VA receives the claim to reopen or the date you first became entitled to the disability, whichever is later.
If a veteran passes away while in service and his/her loved ones submit a claim, the first day of the month in which the veteran passed away will be the effective date. This situation only applies if the claim is submitted within one year of the report of the veteran’s actual or presumed death. Otherwise, the date the VA receives the claim is the effective date.
A new law or government regulation can also influence the effective date. If a claim is submitted within one year of a law or regulation change, the effective date could be the date the rule was changed. However, if the claim is reviewed or requested more than one year after the change, the effective date may be up to one year before the date the VA received the request or decided to pay benefits on the claim.
If a prior decision has a clear error, the new effective date is when benefits would have been paid if the error had not occurred. In cases where there is an increase in the disability rating, the effective date for the increase is the earliest date you can provide evidence of the increase, but only if you submit a new claim request within one year from that date.
Understanding effective dates is crucial for Veterans seeking disability benefits, as it determines when you can receive financial assistance for any physical or psychological wounds you endured while in service. Call us today to set up a free consultation and discuss all the factors that go into your Veterans disability claim.
