Effective Dates

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Effective dates are VERY important as they determine when pay will start.

Disability Claims

There are several factors that go into determining when your effective date will be for your Disability claims.

IMPORTANT NOTES:

  • For the purposes of this article, 'initiate a claim' is synonymous with either an Intent to file or the submission of the claim itself (whichever is earliest). For those who recently separated from Active Duty, then this would be the day AFTER you separated.

  • The month of your effective date you are NOT paid! So for example if you filed on June 6, July 1 would be the date compensation begins.

  • You are also paid in arrears, one month behind! So using the same example, you filed on June 6, benefits start on July 1 and the government pays you for the month of July on August 1.

  • In RARE circumstances, the VA may allow extensions to filing deadlines. These circumstances are usually tied to significant natural disasters or major technical difficulties at the VA.

  • When VA combines claims together administratively (that were filed on different days), the later initiated claim(s) will NOT be considered as being received on the same day!

General Rule

  • Your effective date will be the date you initiate a claim, unless you fit into one of the exceptions listed below:

Date Entitlement Arose

Only applicable when evidence clearly establishes that the entitling criteria was NOT met when the claim was initiated.

An example of this would be if the Veteran opens an intent to file and there is medical evidence that the claimed condition did NOT exist until a later time. This could be something like having above normal elevated sugar levels (lab findings) and then filing a claim for Diabetes. Due to there being medical evidence that the Veteran did NOT have diabetes till later. Their effective date would then be the date entitlement arose. AKA date the diagnosis of diabetes was given, be it from the C&P exam or at a later doctor appointment.

Example of Date Entitlement Arose Effective Date

KEY:

  • ITF = Intent to file

  • CS = Claim submitted

  • NDX = Negative diagnosis

  • PDX = Positive diagnosis

  • CF = Claim finished

Timeline

Dates 1/9 2/1 2/15 4/1 6/5
Events Intent to File Claim Submitted Negative diagnosis Positive diagnosis Claim finished

Due to there being negative evidence that there was no disability on 2/15. And it was not until a diagnosis was made that showed a disability existed on 4/1. The intent to file on 1/9 is NOT the effective date! The effective date would be 4/1 since that is the earliest it was determined medically that the disability existed.

As such, the Veteran's pay would start 5/1, as again, the month of the effective date is not paid! The Veteran would not get a check until the June 1 due to the VA paying in arrears.

Separation from Active Duty (AD) Service

The Veteran does NOT need to have a formal intent to file made at any time within a year of separation. The Veteran has a hanging de facto intent to file that goes back to one day after the Veteran separates from AD service. This applies to ALL claims made within this period of time.

However remember, you are still subject to the Date entitlement arose.

IMPORTANT NOTES:

  • The effective date CANNOT be while you are still AD! The earliest possible effective date is the day AFTER you separate.

    • EVEN if you submitted an intent to file while you were on AD!

  • If the Veteran does submit an intent to file BEFORE their one year anniversary of separation. They CAN get an extension of up to another year in which their back pay will go back to the day after they separate.

  • If the Veteran's last period of service is DISHONORABLE, the Veteran is NOT granted the provision of having a hanging intent to file for a year following separation!

Increase Claim

It is possible to get an effective date up to a year before the Veteran initiates an increase claim, so long as their claim contains MEDICAL EVIDENCE related to an examination, hospitalization, or medical treatment of a disability which adequately demonstrates that the disability was of such severity to warrant a higher evaluation at such date.

Which means, if medical evidence is NOT in-depth enough to demonstrate you rated that increase you won't be able to get this earlier effective date.

IMPORTANT NOTE:

  • Increase claims made within a year of separation are NOT by default entitled to an effective date of the day after separation!

SPECIAL NOTE:

  • In the cases of Diabetes and Spine related Nerve issues - the effective dates of their Secondary conditions CAN be given the consideration of an increase claim, with respect to having an effective date up to a year before the claim for service-connection was filed!

Secondary Conditions

Secondary conditions are not treated differently in terms of effective dates unless:

  • A primary condition is granted based on Liberalizing changes; Then the effective date(s) of the granted secondary condition(s) can be the same as the primary condition; ONLY if the secondary condition is filed SAME DAY as the primary condition or is considered a progression of the condition (think secondaries of Diabetes).

  • Secondary conditions CANNOT have an effective date earlier than the primary condition.

  • A secondary condition inferred by the VA based upon a Routine Future Examination (RFE); the effective date will be the date of the examination.

  • In the cases of diabetes and spine related nerve issues - the effective dates of their secondary conditions CAN be given the consideration of an increase claim, with respect to having an effective date up to a year before the claim for service-connection was filed!

Appeals

IMPORTANT NOTES:

  • Effective 07/30/2021, intent to files DO preserve effective dates for supplemental claims!

  • Intent to files do NOT apply to Higher Level Reviews or BVA appeals!

Continuously Pursued Claims (Appeals Filed within 1 Year of Denial(s))

The Veteran's effective date would be that of whenever they ORIGINALLY initiated their claim OR the Date entitlement arose; whichever is LATER.

IMPORTANT NOTE:

  • If a supplemental claim is filed to appeal an evaluation and the medical evidence used to grant the increase is dated AFTER the appeal was initiated the effective date of the increase WILL BE the date entitlement arose. SO PLEASE, only file a supplemental claim for an evaluation ONLY IF you have medical evidence showing an increase was warranted that is dated BEFORE the previous rating decision!

Supplemental Claims Filed 1 Year AFTER a Denial:

Date the supplemental claim was initiated OR the date Entitlement arose; whichever is LATER.

IMPORTANT NOTES:

  • Seriously do NOT file a supplemental claim for an evaluation after a year! Even if you have new evidence showing a higher evaluation was previously warranted! If you do, at best the effective date will be the date the supplemental was initiated or at WORST the date of the Examination conducted AFTER your filed the supplemental! So in these cases, just file a increase claim!

National Guard and Reservists

The effective dates for those serving in the National Guard and Reserves can... get more complicated.

IMPORTANT NOTES:

  • Effective dates CANNOT occur during periods of Active Duty! Periods of service which have NOT been converted to Active Duty for VA purposes do NOT count as active.

    • If a future rating decision activates (converts) a period of service so that previous effective dates now occur during a period now considered to be Active Duty; the rater need NOT update those effective dates.

New Claims

Claims initiated within a year of separation from a period for which the VA can consider as being during Active Duty:

  • The day AFTER* you separate.

    • UNLESS, the condition(s) being service-connected manifested (began) during a previous period of Active Duty which occurred over a year from the date the claim was initiated. In such cases, the effective date will instead be the date the claim was initiated. If initiated during a period of active service, the effective date will be the day after separation from the latest period of active service. If initiated within a year of separation from Active Duty, then the earliest possible effective date would be the date the claim was initiated.

*However remember in all cases, you are still subject to the Date entitlement arose.

Intent to File

If an intent to file is made during a period of Active Duty, the effective date would be no earlier than the day after separation; assuming the claim is initiated within a year of the intent to file.

Appeals/Increases

Principles of Appeals and Increase claims generally still apply. However, if initiated during a period of Active Duty the effective date of grants cannot occur during a period of Active Duty.

Staged Effective Dates

There are times when the Veteran can receive staged effective dates. While this is unusual, it does happen occasionally when claims take a long time to complete. Usually, in cases such as appeals that can take many years to complete. In these cases, if there is evidence that suggests the Veteran's condition has gotten worse, improved, etc. over the life of the claim the rater can grant a staged rating; with multiple effective dates for the different periods of severity.

This can also happen when there is a change in the Rating schedule that is more favorable to the Veteran. In such cases, there could be 2 effective dates, the 1 before the change and the 1 after the change.

VA Obtaining New Official Military Service Records

In the event the VA obtains new OFFICIAL military service records that they did not have on hand during their original decision, and such records would have resulted in a grant of service-connection, the Veteran is entitled to an effective date of whenever the Date entitlement arose OR the date the original claim was initiated (or the date after separation); whichever is later.

Once VA receives this new evidence the VA will automatically establish a ‘claim’ to process this new evidence.

IMPORTANT NOTE:

  • These records MUST come directly from official sources! The Veteran submitting new evidence does NOT get this consideration!

Intent to File (ITF)

When you tell the VA you plan on submitting a claim/appeal.

ITFs are active for 1 year from the date the VA receives it. In most cases, an intent to file will provide the Veteran with the earliest effective date; as the intent to file allows the VA to grant an effective date up to a year before the VA received the claim/appeal.

IMPORTANT NOTES:

  • If an ITF is noted to be for both disability and Pension benefits a separate (non-duplicate) ITF is generated for both benefits.

  • ITFs CANNOT be applied to:

  • When appeals/Claims are Withdrawn any associated ITF CANNOT be used again!

    • If the withdraw is taken back in the appropriate time frame the ITF is still applied to the previously withdrawn appeal/claim.

  • ITFs generated automatically by va.gov when you start a claim online ARE used if you file your claim the same day you start the claim!

  • ITFs received (outside of those automatically made by va.gov) on the same day as a claim/appeal are NOT associated with the claim/appeal filed received that same day!

  • ITFs can be shared by any number of appeals/claims so long as they are received on the same day.

Calculating the Timeliness of Receipt of ITFs

ITFs have an active shelf life of a year. However, there are some extenuation circumstances than can make it last longer!:

  • Holidays

  • Weekends

If your ITFs' anniversary is on a weekend or a holiday, so long as you file on the following business day, it will still be VALID!

GENERAL NOTE:

  • If you file exactly on the anniversary of your ITF, you are good to go!

Duplicate Intents to File

You CANNOT have more than one active intent to file for a benefit at once! In the event you file additional ITFs while you have an active one, the duplicate ITFs ARE INVALID!

Example 1

Intent to File Duplicate ITF Claim Received Effective Date
Jan 10, 2022 March 12, 2022 Feb 22, 2023 Feb 22, 2023

Even though the claim was filed within a year of the duplicate ITF, the claim CANNOT use it! As the duplicate ITF was invalidated, the moment it was received while there was an active ITF on file.

Example 2

Intent to File Duplicate ITF Claim Received Effective Date
Jan 10, 2022 March 12, 2022 July 08, 2022 Jan 10, 2022

Since the claim was still filed within a year of the original ITF, the claim can of course still use it.

NOTE:

  • The duplicate ITF does NOT now become active; It is and always will be invalid!

Liberalizing Change of Law

A liberalizing law is one which brings about a substantive change in the law, creating a new and different entitlement to a benefit.

This usually takes the form of Congress or the VA itself adds a new Presumptive service condition OR changes the criteria of existing presumptive.

The impact of liberalizing law on effective dates is as follows:

  • Effective dates can be NO earlier than the date of the effective date of the law!

    • If a Veteran is granted service-connection with the basis being the change in law then the effective date can be no sooner than the date the law changed.

  • Effective dates CAN go back up to a YEAR BEFORE the Veteran initiates a claim!

    • IF a Veteran would have meet ALL presumptive criteria BEFORE the law was passed, the Veteran can get an effective date up to a year before they initiated their claim.

      • IE You served in blue water Navy during Vietnam and were diagnosed with type II diabetes 10 years after separating from the military. If the you initiated a claim for diabetes after the Agent orange presumptive eligibility changed. The effective date would go back up to a year before you initiated your claim.

IMPORTANT NOTES:

  • In situations where there are multiple applicable applications of liberalizing law; The VA MUST apply the oldest applicable liberalizing law - even if it is less beneficial.

  • Intents to file CAN be used to get an even earlier effective date under liberalizing law! As the effective date can be up to a year before the VA received the intent to file. However, the effective date CANNOT go earlier than the date of the law change!

List of Liberalizing Law Changes

Here are a list of liberalizing changes:

NOTE:

  • This list is NOT exhaustive, but does include the most common cases.

Date of Liberalizing Condition Description
Aug 10, 2022 TERA Conditions granted based on TERA exposure(s)
Aug 10, 2022 Brain cancer Burn pits (PACT ACT)
Aug 10, 2022 Hypertension Agent Orange (PACT ACT)
Aug 10, 2022 Monoclonal Gammopathy of Undetermined Significance (MGUS) Agent Orange (PACT ACT)
Aug 10, 2022 Added additional locations AO (PACT ACT)
Aug 10, 2022 Additional locations added. GW (PACT ACT)
Aug 10, 2022 Bronchitis Burn pits (PACT ACT)
Aug 10, 2022 Chronic obstructive pulmonary disease (COPD) Burn pits (PACT ACT)
Aug 10, 2022 Constrictive bronchiolitis Burn pits (PACT ACT)
Aug 10, 2022 Emphysema Burn pits (PACT ACT)
Aug 10, 2022 Granulomatous disease Burn pits (PACT ACT)
Aug 10, 2022 Interstitial lung disease (ILD) Burn pits (PACT ACT)
Aug 10, 2022 Obliterative bronchiolitis Burn pits (PACT ACT)
Aug 10, 2022 Pleuritis Burn pits (PACT ACT)
Aug 10, 2022 Pulmonary fibrosis Burn pits (PACT ACT)
Aug 10, 2022 Sarcoidosis Burn pits (PACT ACT)
Aug 10, 2022 Gastrointestinal cancer of any type Burn pits (PACT ACT)
Aug 10, 2022 Glioblastoma Burn pits (PACT ACT)
Aug 10, 2022 Head cancer of any type Burn pits (PACT ACT)
Aug 10, 2022 Kidney cancer Burn pits (PACT ACT)
Aug 10, 2022 Lymphatic cancer of any type Burn pits (PACT ACT)
Aug 10, 2022 Lymphoma of any type Burn pits (PACT ACT)
Aug 10, 2022 Melanoma Burn pits (PACT ACT)
Aug 10, 2022 Neck cancer of any type Burn pits (PACT ACT)
Aug 10, 2022 Reproductive cancer of any type Burn pits (PACT ACT)
Aug 10, 2022 Pancreatic cancer Burn pits (PACT ACT)
Aug 10, 2022 Respiratory (breathing-related) cancer of any type Burn pits (PACT ACT)
Aug 10, 2022 Original burn pit conditions can now manifest at anytime. Burn pits (PACT ACT)
Aug 10, 2022 GW conditions no longer require a minimum 10% evaluation. Burn pits (PACT ACT)
Aug 26, 2021 Adenosquamous carcinoma of the lung Rare Cancers Burn pits
Aug 26, 2021 Adenocarcinoma of the trachea Rare Cancers Burn pits
Aug 26, 2021 Large cell carcinoma of the lung Rare Cancers Burn pits
Aug 26, 2021 Salivary gland-type tumors of the lung Rare Cancers Burn pits
Aug 26, 2021 Salivary gland-type tumors of the trachea Rare Cancers Burn pits
Aug 26, 2021 Sarcomatoid carcinoma of the lung Rare Cancers Burn pits
Aug 26, 2021 Squamous cell carcinoma of the larynx Rare Cancers Burn pits
Aug 26, 2021 Squamous cell carcinoma of the trachea Rare Cancers Burn pits
Aug 26, 2021 Typical and atypical carcinoid of the lung Rare Cancers Burn pits
Aug 05, 2021 Asthma Original Burn Pits
Aug 05, 2021 Rhinitis Original Burn Pits
Aug 05, 2021 Rhinosinusitis Original Burn Pits
Aug 05, 2021 Sinusitis Original Burn Pits
Jan 05, 2021 COVID-19 Residuals of COVID-19.
Jan 01, 2021 Bladder cancer Agent Orange presumptive.
Jan 01, 2021 Hypothyroidism ''
Jan 01, 2021 Parkinsonism ''
Jan 01, 2020 AO Presumptives Blue Water Navy.
Mar 14, 2017 Adult leukemia Camp Lejeune
Mar 14, 2017 Aplastic anemia and other myelodysplastic syndromes CL
Mar 14, 2017 Bladder cancer CL
Mar 14, 2017 Kidney cancer CL
Mar 14, 2017 Liver cancer CL
Mar 14, 2017 Multiple myeloma CL
Mar 14, 2017 Non-Hodgkin’s lymphoma CL
Mar 14, 2017 Parkinson’s disease CL
June 19, 2015 AO Presumptives Certain Air Force/Reserves Veterans who had regular and repeated contact with C-123 aircraft.
Sept 6, 2013 Early-onset peripheral neuropathy X
Jan 19, 2012 Amyotrophic Lateral Sclerosis Rating criteria is Now minimum 100%.
Feb 24, 2011 Expanded the applicable dates for presumption of AO exposure for Veterans who served in a designated unit in the Korean DMZ to include dates of service through August 31, 1971.
Sept 29, 2010 Some GW
Aug 31, 2010 Chronic B-cell leukemia Agent Orange presumptive.
Aug 31, 2010 Ischemic heart disease (IHD) Agent Orange presumptive.
Aug 31, 2010 Parkinson’s disease Agent Orange presumptive.
July 13, 2010 PTSD Changed how VA concedes PTSD stressors. Removed the requirement VA find evidence corroborating that the claimed in-service stressor occurred IF the claimed stressor is related to the veteran's fear of hostile military or terrorist activity.*
May 07, 2009 AL amyloidosis Agent Orange presumptive.
Oct 23, 2008 TBI Rating criteria changes. TBI residuals can Now be rated separately.
Oct 10, 2008 Osteoporosis If former POWs also have a diagnosis of PTSD.
Sep 23, 2008 Amyotrophic Lateral Sclerosis ALS is Now presumptive.
Oct 16, 2003 Chronic lymphocytic leukemia (CLL) Agent Orange presumptive.
Mar 01, 2002 GW
May 08, 2001 Type 2 diabetes mellitus Agent Orange presumptive.
June 10, 1999 Tinnitus Rating criteria is Now that the condition exists.
Nov 07, 1996 Acute and subacute peripheral neuropathy Agent Orange presumptive.
Nov 07, 1996 Prostate cancer Agent Orange presumptive.
June 09, 1994 Multiple myeloma Agent Orange presumptive.
June 09, 1994 Respiratory cancers ''
Feb 03, 1994 Hodgkin’s disease Agent Orange presumptive.
Feb 03, 1994 Porphyria cutanea tarda (PCT) ''
Feb 06, 1991 Chloracne or other acne-form disease consistent with chloracne ''
Feb 06, 1991 Non-Hodgkin’s lymphoma (NHL) ''
Feb 06, 1991 Soft-tissue sarcoma ''
Oct 01, 1981 POW presumptives X
Oct 10, 1976 Tropical presumptives 41 FR 55873, pg 41
Mar 10, 1976 Tinnitus Rating criteria is now that the condition is a result of TBI, or acoustic trauma.

*Liberalizing principle CANNOT be applied in this case, unless the Veteran also had a VA or VA-contracted psychiatrist or psychologist confirmed that the claimed stressor was adequate to support a diagnosis of PTSD and that the Veteran's symptoms were related to the claimed stressor.

Special Monthly Compensation (SMC) and Special Monthly Pension

The effective dates for SMC S (Housebound) or SMC L-R (Aid and Attendance) as well as increased payments for VA Pension, Aid and Attendance, or Housebound can go back up to a year before a claim is initiated if the Veteran meet the requirements for those SMCs or SMPs prior.

Hospitalizations

If a Veteran is Hospitalized for a service-connected disability for at least 21 consecutive days the Veteran will be awarded a temporary 100% rating, effective to the day they were admitted. The award is terminated the month following their discharge.

SPECIAL NOTE:

  • Veterans who are hospitalized for a non-service-connected disability for at least 21 consecutive days who initiate a claim BEFORE their discharge from the hospital are eligible to have their effective date go back to the date of their admission to the hospital (if service-connection is granted).

Example Hospitalizations Special Note

KEY:

  • AH = Admittance to hospital

  • CS = Claim submitted

  • DH = Discharged from hospital

  • CF = Claim finished

Timeline

1/16 3/7 5/2 6/14
Admittance to hospital Claim Submitted Discharged from hospital Claim finished

Effective date would be 1/16 since that was the day they were admitted to the hospital due to the later service-connected disability. The temporary 100% rate would start to be paid on 2/1 and be paid till 6/1, unless of course the Veteran's rating was determined to be 100%. In which case the 100% rate would continue.

This situation generally occurs for Veterans who are admitted for PTSD or other mental disorders who have yet to File a claim.

Total Disability Individual Unemployability (TDIU/IU)

If the Veteran initiates a claim for TDIU within a year of them Statutorily qualifying for TDIU, the effective date can go back up to a year of when they qualified. Also know, if a rater suspects a Veteran may qualify for TDIU they will invite the Veteran to submit a claim for it, though an invitation is not required to apply.

IMPORTANT NOTES:

  • Effective date for TDIU CANNOT be earlier than the effective date of service-connection for the underlying disability or disabilities.

  • Statutorily qualifying is NOT a one time situation! Anytime an service-connected disability is evaluated and the outcome of the claim either grants an increase or confirms and continues an evaluation causing the Veteran’s SC disabilities to satisfy the schedular criteria for TDIU counts!

Upgraded Character of Discharge

For those who have had their character of discharge Upgraded, you may be entitled to an earlier effective date!

You are entitled to an effective date for disability compensation based on the LATEST date of either:

  • Date application for change, correction, or modification was filed with your Branch's board of corrections, in the case of grant(s) of Chapter 17 or a disallowed claim (VA administratively closed the claim without a rating decision);

  • Date VA received the disallowed claim; or

  • 1 year before reopening (filing claim with evidence of upgrade) of disallowed claim.

RATER NOTE:

Incorrectly Established Claim/Appeal

When you do not jump through all the proper VA hoops.

If you make any one of the following mistakes your claim/appeal will be invalid and it will be as if you NEVER initiated things!

IMPORTANT NOTES:

  • Intents to files associated with incorrectly established claims/appeals are NOT considered consumed; so long as the ENTIRE claim/appeal is invalidated.

    • If a claim/appeal contains a mix of valid and invalid conditions - the intent to file IS used up.

    • If a claim contains all previously denied conditions - the intent to file is NOT used up.

    • If the VA just never catches the invalid claim/appeal and issues a rating decision - the intent to file IS used up.

  • If service-connection is established based on an incorrectly established claim/appeal; the grant CANNOT be removed based purely on the claim/appeal being invalid.

Expired Forms

In the event you file an appeal or claim on an expired form - the appeal/claim is INVALID!

  • For VA purposes, forms are considered valid 1 year (through the end of the month) AFTER the date the form is revised; Greater than this, the form is considered expired!

Meaning, if/when the VA figures it out, they will administratively close the case. Once closed, the VA will send you a letter asking you to apply on the right edition of the form.

IMPORTANT NOTES:

  • Claims and appeals filed by a VSO are EXEMPT from the requirements to use up-to-date forms! Why? Dunno. But VSOs can file on expired forms.

  • Claims and appealed filed online via VA websites are EXEMPT from the requirements to use up-to-date forms! Why would the VA not keep their own websites updated?! Good question!

  • If the VA receives a claim/appeal within 60 DAYS of the VA’s notice that the claim/appeal is on a non-expired form, the VA WILL treat things as if previous incomplete application WAS complete (no harm done).

  • Other VA forms which are NOT used for claims/appeals CAN be considered as evidence even if the form is expired.

    • But it is a good idea to use the latest and greatest; since the new editions generally contain additional blocks for information that is helpful for raters, that prior editions did not include.

Incomplete Application

In the event you or your POA forgets to sign your claim/appeal or your conditions are all NOT disabilities (such as an exposure) - the appeal/claim is INVALID!

Meaning, if/when the VA figures it out, they will administratively close the case. Once closed, the VA will send you a letter asking you to apply again.

SPECIAL NOTES:

  • The very first claim MUST be signed by the Veteran! Barring of course disabilities which prevent the veteran from doing so themselves. However, in those cases appropriate proofs must be submitted with the claim.

  • Claims for TDIU MUST be signed by the Veteran!

IMPORTANT NOTE:

  • If the VA receives a complete application within 60 DAYS of the VA’s notice that the claim/appeal is incomplete the VA WILL treat things as if previous incomplete application WAS complete (no harm done).

Incorrect Form

In the event you file an appeal or claim on the wrong form - the appeal/claim is INVALID!

The VBA considers these to be “requests for application”, the only fix is to file using the proper form. HOWEVER, you CANNOT get an effective date based on the erroneous filing! Even if you file on the proper form immediately after!

Adding Dependents

There are a few situations that come into play when it comes to adding dependents:

  • Marriage

  • Birth of a child

  • Gaining a dependent parent

  • Obtaining a Combined rating of at least 30%

If you claim your new spouse, child, or dependent parent within 1 year of gaining them as a dependent your effective date can go back up to a year. If you are past that year then the effective date will be the date you initiate the dependent claim.

If you have just received a combined rating of at least 30% then the effective date of your added dependent(s) will be identical to that of your disability claim or the date of your marriage, birth of child, or gaining a dependent parent - whichever is later.

Adding Dependents Example

Disability Claim Initiated Dependent Claim Initiiated Claim Closed Combined Rating Effective Date of Dependent
01/01/2017 01/01/2017 05/25/2017 ≤ 20% N/A
01/01/2019 12/01/2019 05/25/2019 ≥ 30% 01/01/2019
N/A 10/01/2022 N/A ≥ 30% 10/01/2022*

*If the dependent was born/wed no earlier than 10/01/2021, the effective date could potentially go back to 10/01/2021.

Incarcerated Veterans

Effective the 61st day of incarceration, the Veteran's benefits will be reduced/terminated.

  • To learn more click HERE.

Reductions/Severance

When the VA finds reason to reduce an evaluation or sever a benefit the VA has to propose to do so; assuming their doing so will result in you getting paid less. These proposals allow for 60 days of due-process in which the Veteran can request a hearing and/or submit evidence. After the due-process has timed out/hearing has been completed the VA will issue a decision to action the proposal or leave things alone.

If the evidence is not enough to sway the VA the proposal will be made final become effective in 2 months to the 1st of the 3rd month (If the rating decision which reduces an evaluation/severs service-connection is dated April 4, 2024. The effective date of the reduction/severance is July 1, 2024.).

EXCEPTION:

  • In the cases of Clear and Unmistakeable Errors (CUEs), the effective date of the changes will be as if the error never happened. So it will be as if the condition was NEVER granted or that you were rated at 10% the entire time instead of 20%, etc.

    • These corrections will often generate over payments which may or may not require repayment.

SPECIAL NOTE (Concurrent decisions):

  • If the reduction does NOT reduce the Combined disability evaluation from what it was BEFORE the rating decision due process and a proposal is NOT required! The effective date of the reduction is the date entitlement arose; which is generally the date of the Exam which showed improvement.

    • Example 1: Veteran has a combined evaluation of 80% before the decision. Condition(s) are reduced but combined evaluation remains at 80%.

    • Example 2: Veteran has a combined evaluation of 70% before the decision. Grants in the decision raise the combined evaluation to 90%. Condition(s) are reduced and the combined evaluation returns to 70%.

In both examples, due process is not required and the reductions are effective the date entitlement arose.

NOTE:

  • By requesting a timely hearing a reduction CANNOT proceed, till after the hearing takes place. Getting a hearing will usually take awhile, allowing you to float on your current rating. This additional waiting WILL allow you to keep your current pay and even if you are reduced you will NOT have to return any money.

For more information on proposed decisions click HERE.

Clear and Unmistakeable Error (CUE)

A very specific type of error.

  • For more information on CUEs click HERE.

The effective dates of actions that correct CUEs fall into one of 2 categories:

  1. Incorrect evaluations and/or effective dates; and

  2. Severance of service-connection (granted SC in error).

IMPORTANT NOTE:

  • These corrections CAN result in creations of debt to the VA for over payment. These debts may be waived by the VA on a case-by-case basis.

1. Incorrect Evaluations and/or Effective Dates

Effective date becomes the date which everything should have been granted originally; based upon the laws and regulations in force at the time of the original erroneous rating decision.

2. Severance of Service-Connection (Granted SC in Error)

The removal of service-connection is done in such a way that it will appear as if the condition was NEVER granted service-connection. Instead a denial will take its place.

Requesting an Earlier Effective Date

So you did it. After absorbing the knowledge from this article you have determined the VA messed up your effective date. What to do?

If you are still within a year of the claim decision you may simply request a Higher Level Review (HLR). However, if over a year - the Veteran must invoke a CUE.

  • For more information on CUEs click HERE.

Frequently Asked Questions

    • No* each claim will keep their individual effective dates. Being combined will NOT result in them sharing effective dates.

    *unless the claims are made within a year of separation.

    • Here are some examples:

    1. Separated June 4, 2024. Within a year would be filing on or before June 5, 2025.

    2. Rating decision dated January 24, 2024 denied service-connection. Within a year would be filing on or before January 24, 2025.

    3. Claim was initiated AFTER a year BUT the year landed on a weekend OR a holiday. Meaning so long as VA receives the initiation on Monday/day after the holiday you are considered within the year still!

      • This will likely require a higher level review appeal, because a rater is VERY LIKELY to over look this!

    • Only if they are all received by the VA on the SAME day.