Unraveling Common Effective Date Errors and Exceptions

 Posted on December 08, 2023 in Uncategorized

Introduction

When it comes to VA claims, understanding the intricacies of the effective date is crucial. This pivotal date determines when the VA begins paying you at your new rate, often resulting in a retroactive lump sum payment. Unfortunately, incorrect effective dates are prevalent, occurring in approximately 75% of cases. In this blog post, we'll delve into the five most common effective date errors and provide guidance on what to do if you encounter one.

General Effective Date Rules:

Before diving into the common errors, let's briefly discuss the general effective date rules. In most cases, the effective date is either the date the VA receives your claim or the date you became entitled to the benefit. Exceptions abound, and your decision letter holds the key to knowing your effective date.

1) Filing the Formal Claim vs. Intent to File:

One frequent error arises when the VA mistakenly uses the date you filed the formal claim instead of the intent to file (ITF). If you've submitted an ITF and file a formal claim within a year, your effective date should be the ITF date. To rectify this, file a Higher-Level Review (HLR) using VA Form 20-0996, citing the ITF date for correction.

2) Continuously Prosecuted Claims:

In cases of continuously prosecuted claims, the VA may assign the date of a supplemental claim rather than the original claim or ITF. If you file a supplemental claim within a year of denial, the effective date should trace back to the original claim date. Be vigilant about missing back payments and consider filing an HLR if this error occurs.

3) PACT Act Effective Dates:

If your service connection claim is granted due to the PACT Act before August 9, 2023, your effective date is August 10, 2022. Given frequent errors, check your PACT Act effective dates and, if incorrect, address it through an HLR by filing Form 20-0996.

4) Not Assigning Within 1 Year of Discharge:

Exceptionally, if you apply for service connection within one year of discharge, your effective date is the day after discharge. This commonly overlooked exception could mean missing out on significant backpay.

5) Unemployability Assignment Errors:

When it comes to Total Disability Individual Unemployability (TDIU), the VA often assigns the date of filing VA Form 8940. However, the VA is obligated to consider unemployability even without the form, based on evidence in the file. Due to the complexity, seeking assistance from an experienced, accredited VA attorney is advisable.

Conclusion:
These are just a few examples of common effective date errors, and there are more exceptions, such as those related to Agent Orange veterans and discovering new service records. Stay tuned for future episodes where we'll explore these nuances in greater detail. In the meantime, stay informed, review your decision letters, and take action if you encounter any of these errors. Your journey through the VA claims process deserves meticulous attention to ensure you receive the benefits you rightly deserve.