What are VA Effective Dates and Why are they Important?
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- Опубликовано: 3 июл 2024
- VA-certified disability benefits lawyer Krystal Lechner explains what effective dates are and why getting the right one is so important for veterans filing a claim or appeal with the VA.
The VA will award back pay (also known as retroactive pay) all the way back to your effective date. That means when you receive a favorable decision, the VA will owe you the difference between the amount you were paid and how much you were owed. The wrong effective date could mean losing a large percentage of your potential back pay.
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Table of contents:
0:00 Intro
0:20 What is an effective date?
0:51 General rule for effective dates
1:28 What is the date entitlement arose mean
2:45 Exceptions
4:47 why your effective date is important
5:07 TDIU
5:53 Conclusion
6:00 Outro
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Woods & Woods found two instances where VA doctors stated I had symptoms of ptsd years before I got 70 percent for ptsd & the VA never followed up on it. Woods & Woods tried to get my effective date changed from 2023 to 2014 & of course the VA denied it. It would seem the law is on my side based on this video as symptoms are indicative of disability not just a diagnosis.
Great video. I never knew about TDIU - thank you! I’m a Gulf War Veteran needing some help … I will check out the Woods and Woods site soon.
Hi. I did an intent to file, but I submitted the claim less than a year later. I was awarded the claim, but they only went back to the claim file date instead of the intent to file date. I kept all the initial documents from the intent to file, but the VA said that they didn't have a record of my intent to file. The reps at the local VA office who submitted my intent to file have their records for it. It's been over 2 years now and still waiting for a date for my appeal to be seen by a judge. I've called numerous times to check on the status and even filed documents to have my appeal done virtually.
It doesn't seem to be going anywhere. Any advice or help?
That sounds frustrating. Did you receive a letter from the VA stating that they received your intent-to-file claim? They may have included VBA Form 21-527EZ or VBA Form 21-534EZ with this letter of acknowledgment. Also, keep in mind that if you sent your claim in by mail, it would have needed to reach the VA before the one-year mark was up. Claims postmarked on the one-year-later date will be considered late, and the VA may not accept them. Here's more information that may be helpful about the intent-to-file process: www.woodslawyers.com/va-intent-to-file-process/. If you would like some help with this issue, feel free to call us at 800-544-2108, or you can fill out our online contact form here: www.woodslawyers.com/contact/
Good morning, I just run across this channel and I have a question. I submitted an Intent to file on 6/16/2023. I file a claim on 12/06/2023 for an increase in serval disabilities, that i was awarded back in 2015. I was just awarded 100% on 03/8/2023. What should me effective date be? When I file the intent to file or when I was service connected for the same disabilities in 2015?
The effective date should be listed on your award letter from the VA. Your effective date is the day the VA receives your intent to file form. If you fill out your intent to file online, your effective date will be the same day you submit the form.
I’m confused I was rated 10% back in 2017 for knee but everything else was denied I been fighting for my benefits ever since recently I got 30% for earring , allergies and eyes and 2 weeks after they finally gave me 70% for my PTSD so that put me at 80% . So my question they have my effective date has 8/2022 and 80% jan 2023 when in fact I just got my 80% Apr 2024 do I get any back pay.
When a claim is granted, the VA must pay retroactive disability benefits to the effective date. Claims and subsequent appeals can take years to resolve, meaning a veteran could be in line for thousands of additional dollars once their case is granted.
Thanks for sharing. Question.... Original claim #1 filed 8/6/22. SC granted 11/29/22. Intent to file for NEW claim #2 made 12/7/22. Supplemental for claim #1 filed 12/22/22. New rating granted with an effective date of 12/7/22. Shouldn't the effective date be 8/6/22?
If you filed the supplemental claim on 8/6/22, the effective date should be 8/6/22 on the new rating. It sounds like the VA assigned the effective date of claim #2 to claim #1, or you could have accidentally filed a supplemental claim on claim #2 instead of claim #1.
@@woodslawyers that does sound like what they did. I believe that was erroneous bc I never actually filed claim #2, just an ITF. I plan on filing a HLR and request a change of effective date.
Thanks for your post. Don't know if your retro pay issue has been resolved, but if not I too am thinking the VA made an error on the back pay, due to effective date miscalculation. In fact, your case is almost the same as my situation:
August 2021 - VSO first filed my claim.
October 2021 - As I was preparing my evidence for submission (daily journal, personal statement, exhibits), WITHOUT this material VA issues decision, combined 40% rating. Decision letter says effective date is October 2021. Included in envelope are various things I can do to contest the decision, one being to file a "Supplemental Claim" which VA makes clear is NOT an appeal, it is my opportunity to submit new or old evidence that the VA had not seen when deciding my claim. (Hence the name of the procedure, I am "supplementing" or adding-to my original claim.)
(I'm not sure, but I think the Oct. effective date was incorrect. I thought it would be August 2021, the date I filed the claim.)
October 2022 - Over the past year I have been getting witness statements from two friends (VA calls them "buddy statements"), transcribing my handwritten daily journal, and generally dragging my feet. In any event, I file my "supplemental claim" BEFORE my one-year effective date expires, mindful if it did expire I would lose that effective date and that retro pay.
December 2022 - VA rates my one disability at 100% P & T. Letter says I "filed for an increase in October 2022." What?! No! All my paperwork were titled "Supplemental Claim - Effective Date October 2021." VA awards retro pay from October 2022, not October 2021.
@@10meme11 What's an "HLR?"
@MortimerEsq It's called a High Level Reveiw with an Adjudicator.
My claim was denied without me ever being allowed to have a C & P EXAM
I'm sorry to hear that. If there is anything we can do to help, please let us know! You can reach us at 800-544-2108, or you can request a free consultation here: www.woodslawyers.com/contact?.com&CommentShare
Good morning I came across your channel and wanted to ask a question. I medically retired from the Army with 17 years of service effective date 21 June 2021 and placed on TDRL effective date 21 June 2021. The VA at the time awarded me 90 percent and the Army 50 percent. Fast forward 12 Jan 2023 I was removed from TDRL and now permanently PDRL effective date 12 Jan 2023. The VA awarded me 100 percent p and t on 24 Aug 2023 with a pending PTSD deffered needing examiner clarification. 11 Sept 2023 I receieved decision letter granting me 50 Percent for PTSD effective date 3 March 2023. I have my VA notes and Army medical records showing early stages of PTSD as far back as 22 Aug 2013 in my VA Notes and Army Medical records revealed severe case of PTSD in my records as far back as 2010. Can I appeal the effective date of the PTSD the VA gave me as of 3 March 2023 which should be the effective 21 Jun 2021 due to combat related disability which was discovered as this disability due to the fact the Army and VA misdiagnosed me with something else despite I showed evidence of PTSD stemming from my deployment in Iraq in 2004
Thank you for your question! Veterans can request a higher-level review when a VA disability benefits claim is denied, including but not limited to when an incorrect disability rating or effective date is assigned. This review is of the original claim with no additional evidence. The reviewer can also instruct the VA to obtain additional evidence, such as VA examinations and medical opinions. We would be happy to discuss this further with you if you have more questions. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&EffectiveDatesKrystal&CommentShare
What law are you referring to in 2:17? Thanks
Great question! Krystal is referring to VA laws regarding effective dates. You can read more about it here: www.va.gov/disability/effective-date/
@@woodslawyers excellent, thank you!
If you’re been 100% for 2 years. 8 months ago you file for an increase that was 30%, you got approved and increased it to 70%. Do you still get back pay from the 30 to 70? Also does back pay depend on when you got the diagnosis?
To receive back pay for the 8 months between your 30% and 70% rating, your effective date on your 70% rating decision letter would have to be the date you filed for the increase. The amount of back pay a veteran receives is based on the effective date of your rating decision letter. You can learn more about how back pay works here: www.woodslawyers.com/va-back-pay-check/?.com&EffectiveDatesKrystal&BlogShare
@@woodslawyers so it doesn’t matter that i was already 100%? I’m hearing people saying since i was already 100%, I don’t get backpay. I’m like that doesn’t make sense.
Were you granted a 100% rating before the VA approved your rating increase from 30% to 70%?
@@woodslawyers yes.
Received 100% August 2022.
File to increase my ptsd Nov 2022. Granted the increase from 30 to 70% September 2023. I know my 100% will not go up, but back pay wise I should be entitled to the difference, 40% for 10 months. Am I correct??
If the effective date for your increased rating claim is the date you filed for it (which was after you were granted 100%), you would not be owed backpay. If the effective date for your increased rating claim was before you were granted 100%, you would be owed backpay. Effective dates are usually the date a veteran files, or the "date of earliest entitlement." If nothing in your records proves that you raised the issue before the increased rating application, your effective date is correct.
I was recently awarded 100% with a 70% loss of hearing only effective date May 2022. The conflict with that we been filling since 2012 with a ear surgery in January 2020. If your firm can assist me PLEASE FEEL TO CONTACT ME!!!
We would be happy to discuss your case with you to see if we can help. You can reach us at 800-544-2108 or you can request a free case evaluation here: www.woodslawyers.com/contact?.com&CommentShare
Why if you started having migraines while in the Army, and have documented many trips to the ER over the years for migraines, and your PCP has treated you for migraines for years, but you never filed for is as a disability simply because you were just ignorant of the fact that you could file for it, you can't file now but have it be effective from when they actually started? I know the answer is just because, but that is not right since it obviously works against us the other way as you say here! If it's to the VA's benefit, they do it but if it's to our benefit, it's always no.
Determining the effective date seems simple on the surface. The general rule is the effective date is either the date the VA receives the claim or the date entitlement arose, whichever comes later. The “date entitlement arose” is a complicated term. It is influenced by many factors, such as the date of a formal diagnosis, the type of claim being filed, when the claim was filed, and the nature of any medical treatment records. The effective date for veterans with a service-connected condition who file a claim within one year of leaving active duty service can be as early as the day following separation.
Hi or you takeing claims. Now. Thank you !
Hi George, thanks for your comment! Yes, we are currently taking claims related to veterans benefits. You can reach us at 812-426-7200, or you can fill out our free consultation form here: www.woodslawyers.com/contact/?.com&CommentShare