Va Claim Earlier Effective Date
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If there is a change in law or VA regulation that allows for VA to pay disability compensation the effective date may be assigned in the following ways. The effective date for a reopened claim is the date we get the claim to reopen or the date you first got your illness or injury whichever is later.
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A claim filed years ago wasnever adjudicated by VA and remains pending.
Va claim earlier effective date. The rule in general for effective dates is that the effective date of a claim is the date the claim was filed. For example if a claim has an effective date of May 1 st 2015 that isnt granted until May 1 st 2016 the Veteran is entitled to compensation for the year that passed since the effective date. A Veteran seeking an Earlier Effective date for entitlement to VA benefits that is earlier than the one decided by the VA Regional Office really has just 2 options to get an Earlier Effective Date.
It is most likely that the veterans effective date is March 2018. However there are many situations in which this general rule does not apply entitling you to an earlier effective date. You will take the effective date of the original claim as if you would have won in the first place.
Which option you choose largely depends on the status of the decision that first assigned the effective date. As part of an award of benefits VA establishes an effective date of the award. Earlier Effective Date for VA Claim.
2 Show that the VA should have granted an earlier claim date based on the implicit denial doctrine. The VA hates 3156 c. The effective date is when you will start receiving your VA disability compensation.
Clear and Unmistakable Error Claims If your Clear and Unmistakable Error CUE claim is successful you may obtain an earlier VA Disability effective date. Disability benefits will be due to you from the first day of the month following the month of the effective date. 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.
The advocate sees thatthe claim is still pending and asks VA to. This is an extremely difficult burden and veterans rarely win these cases. The law on effective date is that it is typically the date that the veteran filed the current claim.
Because we got the claim more than 1 year after Susan separated from active service the effective date was October 2 2014the date we got the claim. For example if a veteran applied for benefits on October 12 2014 and was finally awarded benefits in January 2016 benefits would be due to the veteran from November 1 2014 forward. 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.
The only way to appeal the effective date after the decision is final is to show that the VA made a clear and unmistakable error called a CUE claim. The effective date is important in a VA disability claim as it is the date the VA will pay back to when a claim is granted. The general rule for an original claim for benefits is that theeffective date is the date the VA receives the claim or the date that entitlement arose whichever is laterDetermining the date entitlement arose may be difficultMost advocates are familiar with one situation which may result inan earlier effective date of benefits.
Except as otherwise provided the effective date of an evaluation and award of pension compensation or dependency and indemnity compensation based on an initial claim or supplemental claim will be the date of receipt of the claim or the date entitlement arose whichever is later. Normally the effective date for a reopened claim is the date of receipt of claim or date entitlement arose whichever is later. Often this date is the date that the veteran filed his or her most recent claim for disability compensation or increased compensation.
In fact they commonly overlook this basis for an earlier effective date when Veterans find new military service records or military treatment service records.
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