“Hi, I’m Krystal Lechner, an attorney with Woods and Woods. I’m going to talk today about effective dates for VA disability benefits. What is an effective date? How do you determine an effective date? And why is it so important?”
What is an effective date?
“The effective date for a VA disability claim is the date the veteran becomes eligible for benefits. This date is often regarded as one of the most important parts of a veteran’s claim because it impacts the total compensation.
“When the VA grants a claim, it also sends the claimant a check for the total amount of retroactive benefits owed to the claimant. The amount of retroactive benefits is determined by the effective date. If the effective date is wrong, this can result in months or years of lost benefits.”
General rule for effective dates
“The general rule for the effective date of a VA disability claim is either the date the VA receives the claim, or the date entitlement arose, whichever is later.
“It’s helpful to look at each of these pieces separately.”
The date the VA receives the claim
“So, what is the date the VA receives the claim? Typically, this is the date that the claim is filed. However, determining the date that the VA receives the claim or even what a claim is, is not always straightforward. It can depend on many factors, including whether the claim was filed in the modernized AMA system that was implemented in 2019, or the old legacy system.”
The date entitlement arose
“The date entitlement arose is the date on which the facts in the case demonstrate that the entitling criteria are met. This takes into consideration when the disability first manifested. This means you can’t be granted benefits prior to the date your disability began.
“For example, let’s say you properly filed a claim for headaches in January of 2022, but you didn’t start having symptoms of a headache until June of 2022. This simply means you can’t be awarded benefits prior to June 2022 when you first had the disability and started having the symptoms.
“A common mistake the VA makes here is that they equate disability with diagnosis. However, the law is clear. The existence of symptoms is indicative of a disability, not just the diagnosis.
“The other consideration under the date entitlement arose is the date entitlement to benefits was authorized by law or regulation. This simply means that you can’t be granted benefits prior to the date that the law recognized the disability.”
Exceptions to the general rule for effective dates
“As is the case with most things, there are many exceptions to this general rule.”
1. Claims filed within one year of discharge from service
“One of those exceptions is claims filed within one year of discharge from service. If a claim is received within one year of the date the veteran is discharged from service, the effective date is the day after discharge or the date entitlement arose, whichever is later.”
2. DIC claims received within one year of a veteran’s death
“When a surviving family member files a claim for dependency and indemnity compensation that is received within one year of the veteran’s death, the effective date is the first day of the month in which the veteran died.”
3. Survivor benefit claims filed with the Social Security Administration
“We’ve had many cases where we’ve been able to get surviving spouse benefits not just back to the date of the DIC claim filing, but back further to when the veteran died and the surviving spouse filed an application for Social Security Administration survivor benefits. This is because the VA treats an application for Social Security Administration survivors benefits the same as a filing with the VA for death benefits if it was filed on or after January 1st, 1957.”
4. Unadjudicated claims
“Another exception is for unadjudicated claims. An earlier effective date may be obtained when a claim remains pending or unadjudicated. There can be a lot of different scenarios for this, but most typically it’s when the VA failed to issue a rating decision for a properly filed claim or when they failed to give proper notice to the veteran on a claim that was properly filed.”
5. Claims for Vietnam veterans
“Vietnam veterans who were exposed to Agent Orange may be able to go back to the date the veteran originally filed for a claim.”
6. Error in a previous decision
“If the VA made a clear and unmistakable error in an earlier decision, the veteran’s effective date could be determined as though the original claim was granted.
“If you were injured while serving this country and are reading this review, I encourage you to contact Woods and Woods right away. They are always standing ready to assist veterans in need.”
Why effective dates are important
“As these examples show, the wrong effective date affects your disability benefits. Being assigned the wrong effective date for the grant of a disability or increase of an existing claim can result in months or years of loss benefits.
“The wrong effective date can also impact your benefits for total disability individual unemployability, otherwise known as TDIU. The VA frequently assigns the wrong effective date for TDIU claims when it’s awarded.
“There are many different errors that the VA makes with regard to these claims, but perhaps the most common is not considering TDIU part of an already existing claim. TDIU is unique in that it’s not required to be a free-standing claim that must be plead with specificity. The VA is required to consider whether a veteran is entitled to TDIU even if the veteran doesn’t formally raise TDIU when there is evidence in the veteran’s file that the veteran’s service-connected conditions are impacting the veteran’s ability to work.”
How Woods and Woods can help
“The bottom line is that it’s important to preserve your effective date by properly and timely appealing your existing claims. If you need help applying for VA disability benefits or appealing a denied claim, call Woods and Woods for a free consultation. We look forward to hearing from you.”
Krystal Lechner
VA disability lawyer
Woods and Woods
VA Accreditation Number: 44164
