VA Claim Effective Dates 2021 Update

[@evelyntirado3622]

Ihad an early effective day order to vacate in a apeal order va to vacate and va said that i need to show a cue and i did it by self the apeal and did understand about to present a cue and did know what todo iwas apealing a early efective day relate to death..

[@markcinco8405]

10:10 You say file within a year with no further detail. 1980 Claim following 12/31/1979 Medical Discharge - Denied and not Appealed. Subsequently - 2017 Granted 70% & TDIU 2021 Supplemental Claim for Earlier Effective Date Remanded & resulting Claim Denied late 2024 because 1980 Denial was not Appealed. You don't say Adjudicated - you say Filed. Again - this is pre-1984, which apparently also comes into play per CFR 3.400(i) So far my VSO sounds discouraging, but I'm poring through what they gave me regarding Effective Dates to come up with a plan. Should I have Appealed that 1980 Decision for the "within one year" scenario to apply?

[@michaelvaughn7137]

On the legacy new evidence with in a year of denial I had an MRI with in a year of my denial back in 2017-2018 but being homeless and lockdowns I've been having trouble getting money together to have a new c&p exam and a vocational expert . So it kind of sounded like I wouldn't be able to get the back pay to 2017 because I didn't submit with in a year is that correct ? My previous belief on this was as long as the new evidence was obtained with in the year I could go back not that it had to be submitted with in the year . Could you elaborate please.

[@f.k.f.s.c.t.2243]

Effective date is 6/6/24 but not paid for 6/7/24 to 6/30/24 but rather Va started with 7/1/24 to 7/31/24 and forward . Am I entitled for compensation for the period 6/6/24 thru 6/30/24 ? Thanks Tom

[@jamesturpin8271]

I didn't have veteran status for 15 years, and had an active duty stressor. 15 years later I'm just now receiving benefits. Isn't that a clear and unmistakable error?

[@tommartin5667]

I have a question on effective dates. A veteran get approval and a low rating. The veteran appeals the low rating and is upgraded. Is the effective date for the additional back pay the date of the appeal or the origional claim effective date?

[@victoriboy4264]

I’m currently in the same position. What was the outcome for you? I got service connected at 0% at date of discharge, I appealed it a couple months later with a supplemental claim. Got granted an upgrade, but the effective date was when the supplemental claim/appeal was submitted. The appeal was submitted outside my year of discharge but the initial claim that granted me 0% was done within the year of discharge.

[@tommartin5667]

@@victoriboy4264 This veteran only got back pay to the date we filed saying we disagreed with the low rating. They did not pay him all the way back to his original effective date (although they should have).

[@victoriboy4264]

@@tommartin5667 thank you for the response. Did you guys not pursue it any further via HLR?

[@tommartin5667]

@@victoriboy4264 We dropped it. He received 100% t&p. Seemed good enough.

[@WinstonChurKill]

@@victoriboy4264 That sounds like your effective date should be your date of discharge then

[@blahsaysme2u]

why are Burn Pit presumptions not like BLUE WATER and NEHMER presumption laws? my claim was denied in 2008 for sinus issues, which now is presumptive. can you comment on this?

[@carriehovater7547]

For my intent to file claim in May 2018, my VSO used a form 21-4138 instead of 21-0966, so I lost a year of back pay. On HLR, they said I could file a supplemental claim. Have you had success with wrong forms by a VSO for back dates?

[@RickRoku]

Hello. Were you able to get this straightened out? And can you explain the difference between the two forms? I'm just starting out and now have to find another DAV VSO because my first vso got married and moved across country to another job. Thanks for any advice you can give me.😀👍

[@arthurkilo1087]

In my case, I was often told I didn't have enough active duty time after discharged. I called the VA customer service number few times then received the application. But again told the same thing over when I called for help with my application, discouraging me to sent in my application. I was discharged in 2005 recently awarded this year for benefits. I was told the same thing when I applied for VA healthcare. Where can I obtain information on my situation?

[@JESUSChrist-lk1ix]

Can I appeal an effective date? How do I appeal an effective date for TDIU Claim??

[@JESUSChrist-lk1ix]

Awarded TDIU in October 2020. Effective Date back pay from August 10, 2020. How can this be right? Will you help me please. I follow all your videos for EFFECTIVE DATES TDIU CLAIMS THANKS

[@JESUSChrist-lk1ix]

Why is Effective Date Appeals not address at this time. I was told that my case was not as important as another veterans claim at this time. Your firm have won claims for effective dates ,but today are not excepting Effective Dates Appeals. Why ate you not arguing for veterans who need effective dates appeals. Why did you call me and direct me to DVA , When I need an accredited attorney to appeal my claim effective date. I have been appealing my case since 2017. I was awarded TDIU with my VSO. I watch all your videos, but you give me another to call. My claim is as important as any other veterans disability claim. Why are you so picky. Why not me. Veteran USAF

[@TreborUSCG]

So when I got Bladder Cancer back in 2016 I should have filed a VA Claim knowing that they would indeed add it as an Agent Orange Presumptive 5 years later in 2021. But wait, I also should have filed in 2016 because as a Blue Water Vietnam Vet, I should have known back in 2016 that the Blue Water Navy Act would be passed nearly 4 years later, actually allowing me to claim Agent Orange Exposure for anything. Did the VA issue crystal balls and I somehow just missed out on getting one??

[@gbrcards2469]

I got service connected for tension headaches in 2012. Yet it was given 0%. It's now 2021 and it's only gotten worse. I'm at 70% for ptsd as well. I've put in for an increase for Migraine headaches increase from that 0%. If it goes to 100% do they back pay me from 2012????

[@NeoSoulCrew]

No

[@robertmoore1032]

I put in a claim for migraines headaches 2012 they denied me I was in field artillery in 2021 they sent it to a bva judge I'm at 100% now would my effective date be 2012? If the bva judge grants me service connection

[@michaelseddens7443]

I don't know what they are doing with my V A disability claim they haven't said nothing to me

[@Veteran0987]

va.gov, myhealthevet, log in then check "claim status".

[@richardball4721]

My first real claim was back in Providence R.I 2002, 19 years ago for my knees and lower back which now I have peripheral nerophopty in both legs and besides ddd in my back I'm now just falling for no reason at all. Picture it your just standing there and the next second your on the floor for no reason other than a ghost came over and tackled you. This is while your waiting for a remand from the Board which was in 2019 on a expedited hardship claim. My health is getting worse and my finances are not any better because all aid that I was able to receive is now over because it's was a year program. So is this going to make the 20 year mark?

[@chevellebreauxsr.7154]

Thanks for sharing your knowledge

[@flutoporter6971]

Im fighting an earlier effective date..bva judge wight granted me effective date of sept 2005..an earlier effective date was granted for pay from 1977 when left military..reason for granting that was for my evidence of going to prison within a year of leaving service for drugs...iam first veteran to be granted service connected for cocaine usage..road to recovery for Vietnam veterans is evidence

[@michaelseddens7443]

It's been over a year

[@trwashere5906]

Good info. Bad sound.

[@MsTB101]

Im sitting here trying to figure out what VA is doing as my 50% migraine/tbi effective date on my list says invalid date on one site and 2018 which was my last c&p where no money change happened but I requested it did.Im rated at 190% all together and get the t&p but put in for VA to raise my SMC code because it’s like they keep ignoring my request for more money.Its been over a mth since the new c&p they sent me on 2/21 was received back to VA where new stuff was added.Im keeping up with the ebenifits and va.gov the only change made since I asked to expedite on 3/15 was invalid effective date for that one thing among others I asked to be increased.I’m been at 109% ptsd so I didn’t ask for that but other physical issues already rated increased to understanding limitations.I been 190% awarded 2012 and was always rated something since my discharge in 95.I went from 40 to 190 and feel VA should have better pay categories for vets over 100%.The invalid effective date got me wondering do they see the error they made where I should’ve be paid at 100% long before 2012.I called the 1-800 number and was told they have the exam result and the preparation decision should be complete soon.

[@tommarinevet6170]

Filed 1977.....never heard anything....refiled 2008 appealed BVA 2015 got 20% and back pay to 1977..long story never give up, now at 100% P&T with more pending CUEs

[@richardball4721]

I'm at the 19 year mark myself it's been stressful and my health isn't getting any better. I went from being able to walk about 2 miles to being afraid of falling for no reason. No one cares.

[@tommarinevet6170]

@@richardball4721 fight for your claims no matter what

[@10meme11]

Wow! Now that's AWESOME 👌 Sorry that it took so long but your story is such motivation for me. My knee claim has been denied since 2016 and I pray once I get my nexus, I'll be awarded what I deserve. Thank you for your service and sacrifice! 💯

[@tommarinevet6170]

@@10meme11 Don't give up or give in..it was my knees.. VA refused to give me my service records all those years I never quit and have no love for the VBA but hate. I did it all myself... I wished these videos were available back then

[@dalejones7459]

What is your contact information I'm 60% I have asbestos circuit service related I need to get a hold of somebody that can handle this for me I want to file a secondary claim

[@CCK_Law]

@dale jones we recommend you work with a VSO such as our colleagues over at the DAV to file the claim. They can be reached at [phone]

[@michaelpope8574]

Thanks you have help me before so I will be in touch