Maximize Your Benefits: How the VA Effective Date Affects Your Disability Claim

For veterans filing a disability claim, the effective date, which is crucial for determining when benefits begin, is generally the date the VA receives the claim or the date when the entitlement to the benefit arose, whichever is later. There are specific provisions for different scenarios:

For disability pension claims received prior to October 1, 1984: The effective date can be the date of receipt of the claim or the date on which the veteran became permanently and totally disabled, provided the claim was filed within one year from such date, whichever is more advantageous to the veteran .

For claims received on or after October 1, 1984: Generally, the effective date is the date of receipt of the claim. However, if a veteran became permanently and totally disabled and filed a claim for a retroactive award within one year from that date, and could establish that a disability prevented them from filing a disability pension claim for at least the first 30 days following the date they became disabled, then the effective date could be the earlier of the date of receipt of the claim or the date the veteran became permanently and totally disabled .

For direct service connection disability compensation: The effective date is the day following the separation from active service, or the date the entitlement arose if the claim is received within one year after separation from service; otherwise, it’s the later of the date of receipt of the claim or the date entitlement arose .

The effective date for a claim for an increase in rating is generally the date you filed your claim for an increase or the date the Department of Veterans Affairs (VA) received the claim. If you report a worsening condition, the date you notify the VA can influence your effective date. This is important because the effective date determines when you can start receiving increased disability benefits. If there are changes in laws allowing the VA to pay disability benefits, the effective date might also be the date the law changed, or up to one year before the VA received your claim, depending on the situation.

The effective date for a reopened claim is typically the date the VA receives the claim to reopen. This date is crucial because it determines when the veteran can start receiving disability benefits for the reopened claim. It’s important to note that, in some cases, the effective date could be backdated to the date the veteran first got their illness or injury if that date can be clearly established and is relevant to the claim .

One important thing to note is what to do if your initial claim is denied. Whether you request a higher-level review, file a supplemental claim with new evidence, or request a hearing by the Board of Veteran’s Appeals, be sure to do so within one calendar year of the date that your claim is denied. As long as you file some type of action on the claim within a year, the original effective date is preserved. This means if it takes 5 years to get the claim approved and you have not let a full year go by between any of the filings, your effective date will be the date of your original claim, which could result in a massive back-payment to the effective date.

In all cases, make sure you know what your effective date is. Mistakes can always be made, so when your claim is approved check the effective date of it and make sure it is the correct date. Your local Veteran Service Officer can help with the claims process, and will be more than happy to help you verify the effective date.

As always, if you have any  questions or comments drop them below, or email us at info@nwavet.org.