After a year or more of back and forth between you and the VA, they have finally granted your claim, meaning you can now start receiving benefits. But as you keep reading the report, you see something like ‘effective date March 1, 2010’. It’s normal to wonder where the VA got this date and why that specifically. In this article, you get to learn what a VA effective date is and why it’s important.
What Is a VA Effective Date?
A VA’s effective date is when military vets become eligible for disability benefits. This data is essential for a vet because it influences how much compensation you will receive. The earlier a VA disability effective date is, the better because you will get more compensation. That’s why you must ensure you’re not assigned the wrong effective date, as it could cost you tens of thousands of dollars.
How Does the VA Assign Effective Dates?
The VA assigns effective dates based on the situation. Here are the situations and how they decide.
Direct Service Connection
If you’re entitled to disability benefits based on direct service connection, the effective date is either when the VA obtains your claim or when you got an injury or illness. For example, you may have left active service on April 20, 2010, with knee problems, then filed the claim more than a year later. If the VA received your claim on October 15, 2011, your effective date will be October 15, 2011.
Someone else may have left the service on the same date as you in the same condition. However, they file a claim for this disability less than a year after leaving the service. If the VA received their claim on December 12, 2010, their effective date will be May 1, 2010.
Presumptive Service Connection
Suppose the VA believes your disability is connected to your work in the military, and they receive your disability claim within a year since you left active service. In that case, the effective date automatically becomes the date you first got injured or ill. If they receive your claim more than a year after you left active service, the effective date can be the date you got your illness or the date they receive your claim (whichever comes later).
Why a VA Effective Date Is Important
As mentioned, a VA effective date determines when you start receiving disability benefits. You and your colleague may have left military service simultaneously with a Traumatic Brain Injury (TBI), yet your colleague receives more benefits than you.
It’s also important to ensure your VA effective date is accurate. The VA can make mistakes and assign you the wrong effective date, leading to less compensation than you deserve. Getting the earliest date your situation qualifies for ensures you receive maximum compensation.
Can You Appeal a VA Effective Date?
You can appeal the decision if you think the VA assigned you the wrong effective date. It’s clear many factors come to play when determining a Vet’s effective date, which can lead to the VA making mistakes. Keep in mind the process of appealing can be complex and lengthy. This is why you should partner with a VA disability lawyer. Considering that even a minor mistake in your application means more delays, you don’t want to risk that. An attorney will help you appeal the case and ensure your papers are in order.
As you can see, the earlier you apply for VA disability benefits, the better. As long as you have a disability related to your time in the military, you’re eligible for VA benefits.
