Hi, I'm Krystal Lechner, 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?
Let's start with 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 and if the effective date is wrong, this can result in
months or years of lost benefits. 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. So, what is the date that 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 and can turn on many factors including whether
the claim was filed in the modernized AMA system that was
implemented in 2019 or the old legacy system. What does the
date entitlement arose mean? The date entitlement arose is
the date on which the facts in the case demonstrate that the
entitling criteria are met. This takes in consideration
when the disability first manifested. Meaning, you can't
be granted benefits prior to the date that your disability
began. For example, Let's say that 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 that 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. Simply meaning that you can't be granted benefits
prior to the date that the law recognized the disability. As
is the case with most things, there are many exceptions to
this general rule. Claims filed within one year of discharge
from service. If a claim is received within one year of the
date that the veteran is discharged from service, the
effective date is the day after discharge or the date
entitlement arose, whichever is later. 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 day is the first day of the month in which
the veteran died. Survivor benefit claims filed with the
Social Security Administration. We've had many cases where
we've been able to get a surviving spouse benefits not
back just to the date of the DIC claim filing but back
further to when the veteran died when that surviving spouse
had filed a application for Social Security Administration
survivors 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 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 properly
filed claim or when they failed to give proper notice to the
veteran on a claim that was properly filed. 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. Error in a previous decision. If the VA
made a clear and unmistakable error in an earlier decision,
the Veterans effective date could be determined as though
the original claim was granted. Why is your VA effective date so
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 and 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. 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. Visit woodslawyers.com or call
1-800-544-2108. We look
forward to hearing from you.