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

[@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!

[@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

[@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.

[@GAvet4lyfe]

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.

[@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 %. 🤷🏻‍♂️

[@Bushwacked487]

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

[@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

[@eoe8525]

Thank you for this information well stated.

[@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

[@robertray7983]

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

[@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

[@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!

[@kenco821]

thank you you guys are awesome

[@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?

[@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?