VA Claim Effective Date Mistakes: 4 Ways Your Effective Date Could Be Wrong

An effective date is used by VA as a start date for the payment of disability benefits for a claim. In other words, this is the date that a benefit became effective. Sometimes, this is not the earliest possible effective date, and there are several ways to argue for an earlier effective date if you believe you are entitled. Tune in to learn more about effective dates, common VA mistakes, and how to file an appeal.
Getting an Earlier Effective Date for VA Disability Claims: cck-law.com/veterans-law/earl...
How Do You Determine the Effective Date of Veterans Disability? cck-law.com/veterans-law-reso...
Why Hire CCK for Your VA Disability Appeal? cck-law.com/why-hire-cck-for-...
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0:00 Introduction
0:11 What is an Effective Date?
0:40 Arguing for an Earlier Effective Date Using New Military Records
1:33 VA Form 21-0966 Intent to File and Effective Dates
2:17 One-Year Lookback Rule
2:43 VA CUE (Clear and Unmistakable Error) Claims
3:39 VA Assigns Incorrect Effective Dates for TDIU Claims
4:32 What Can Veterans Do if they Have the Wrong Effective Date? Retroactive Benefits, Filing an Appeal

[@wallys7016]

So I filed for a claim secondary to a service connected disability back in 2018 and was denied no C&P exam either. Appealed to the VBA and got awarded 10% in Dec 2023 with back pay still without a C&P exam. Fast forward a few months and they sent me to a C&P exam in February 2024 to assess the severity of my disability. I was awarded 50% for the disability an increase of 40% and instead of them making the “effective date” retroactive to 2018 they made it Feb of 2024! Feel like I was denied benefits and it’s a slap in the face after waiting for almost 6 years!

[@classifiedsincebirth]

almost like my claim!

[@domirican81]

Was awarded an effective date of February 2024 for multiple conditions. Fought for my effective dates back to January 2020 with a Higher Level Review… was awarded back to October 2021. I’ll leave other effective dates alone until I hire a VA lawyer. Can be risky due to them possibly lowering %. 🤷🏻‍♂️

[@Dlindner87]

VA reduced me 13 days before my 20 year mark. The decision was 13 days before but effective date was after my 20. I think I got screwed

[@eoe8525]

Thank you for this information well stated.

[@kenco821]

thank you you guys are awesome

[@genesis6567-]

Is the effective date how we figure out where we are in regards to the 5, 10, 20 year rules?

[@robertray7983]

For me they got the date right but, I think they are 7K short on back pay?

[@classifiedsincebirth]

2017- filed a claim and went to C&P, and awarded 30% service connection for claim. 2018 - filed appeal with SAME evidence claiming award was too low based on evidence. (within 1 year) 2018-2024 legacy claim/ appeal. maintain doctor visits/ meds/ therapy 2020- November- had Appellant Court hearing with a Judge 2024- February - sent to C&P exam again and rating was increased from 30% to 70% based on THE SAME EVIDENCE, and C&P exam.. I never claimed my condition worsened, ever. VA Made effective date 2/2024 and given one month back pay! ( instead of 82 months !!! ) 2024- February- filed a HLR still with same evidence. Can't add new evidence 2024- March- had informal conference with my attorney explaining effective date error to VA, waiting for decision

[@bmarcus2367]

Any news

[@earltolefree]

I filed a claim for my knees a few months after I was discharged, as well as a few other times over the years, and was denied each time. I was just awarded 20% compensation for my knees just last year. Do you think I have grounds to challenge the effective date. It could mean a lot of back pay $$$. I never filed a supplemental claim or appealed the decision on those past claims. This was over 20 years ago.

[@bridellgibson1605]

If i filed for increase but it should have been for a earlier effective date, can that be fixed? I should have continued filing a supplemental but I unfortunately made a mistake because I didnt know. My filings never passed the one year mark after being denied.

[@Bushwacked487]

Will a FOIA request for records made through the VA or a request to add dependants void/use up an intent to file?

[@robertleski3307]

What about if your claim is reopen at one date , and gets put in a supplemental claim date and then the VA tells you that you can't have more than one claim open at a time and put it in the supplemental claim, and you loose 3 months of back pay

[@harristiller9631]

I had a VRO change my effective date - against a half dozen remands - from 1Jan05 due to Medical Discharge (on the dd214, no less!) to 2019. CC&K wasn't interested.. Good channel for confirmation for my claims- IMO- but not a place for a 90%+ tdiu + 'special compensation due to loss of organ'. Just my input for vets: come here only for info and entertainment since walk/ talk doesn't seem to match to me: again; IMO

[@tommartin5667]

18 months ago a VA LAW JUDGE denied a claim because he said there was no diagnosis. He made a mistake, I had a diagnosis by a VA doctors 2 years before my hearing. I had a diagnosis of Mild Cognitive Impairment in 2019 and 2 nexus letters, one from my VA neurologist. I have an open appeal where I am pointing out the error of missing a diagnosis. If they approve my claim, will I get the earlier effective date even though it's been over a year?

[@CCK_Law]

Generally if you appeal your claim within the 1 year time frame, you preserve your original effective date! If you continue to have issues with your VA claim appeal, give us a call at [phone] for a free case evaluation.

[@KM1Time]

All claims submitted at same time though effective dates are different and they were submitted within time of intent… why?

[@judeortiz9838]

I was denied for bipolar in 2008. I was granted bipolar in 2022. Can I change the effective date to 2008?

[@CCK_Law]

Hello! If you believe your effective date should be earlier, there are ways to pursue it. Check out our blog for how: cck-law.com/veterans-law/earlier-va-effective-date-of-disability/ Have a great day!

[@anthonyortiz8398]

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?