Va Effective Date Rules
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The welter of rules and complications involved in determining effective dates for veterans compensation boils down to two points. But they then go out and file a CUE claim to get an earlier Effective Date.
Va Disability Back Pay Military Benefits
So lets just hit Rule 1 of Effective Dates right out of the.
Va effective date rules. When VA makes a determination that a compensation award is to be paid based on a claim an effective date is also assigned. The general rule for first-time applications for service-connected disability compensation is that the effective date for benefits is the date entitlement to the benefit began or the date the Department of Veterans Affairs VA received the application for benefits whichever is later. The effective date determines when benefits are payable.
The rule in general for effective dates is that the effective date of a claim is the date the claim was filed. So if you did not apply for disability benefits until sometime. This is a common BVA mistake.
It is called among veterans advocates the Nehmer Footnote 1 effective date rule because it appears in Footnote 1 of the Nehmer Stipulations. The general rule is that the effective date will be the date the claim was filed or the date entitlement to the benefit arose whichever is later. Effective dates for TDIU awards can now go back to the date of the underlying claim.
Tying your Effective Date back to Separation from Military Service. While there are several complicated Nehmer effective date rules there is one that is clear. The effective date of a TDIU rating is the date when the veteran became unemployable as a result of the service-connected disability.
The General Effective Date Rule. Effective dates can vary based on the type of benefit and the circumstances of the claim. The effective date assigned will depend upon when the medical evidence shows the claimants service-connected disabilityies prevented himher.
Under the Nehmer Effective Date Rules which affect Vietnam veterans who were exposed to Agent Orange during active service in Vietnam and later developed Agent Orange-related diseases the effective date will be the date that the VA recognized the diseases as Agent Orange-related. Liberalizing law change If theres a change in law or VA regulation that allows us to pay disability compensation monthly payments the effective date may be assigned in any of these ways. 1 the date the current underlying claims was filed and 2 the date the veteran became unemployable due to the service-connected disability.
The rules for effective dates of awards are one of the most confusing aspects of VA law because there are so many exceptions and special scenarios that have different rules. The effective date of an award of disability pension to a veteran described in subparagraph B of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled if the veteran applies for a retroactive award within one year from such date whichever is to the advantage of the veteran. Rule 1 for Getting an Earlier Effective Date in Your VA Claim.
The effective date for a reopened claim is the date we get the claim to reopen or the date you first got your illness or injury whichever is later. This is determined by two factors. The General Rule is that the Effective Date is the LATER of these 2 dates.
Whereas before Rice the effective date was limited to the filing date of the written request for a TDIU award. Determining the Filing Date Prior to March 2015 veterans were able to send in nearly anything requesting a determination of entitlement to service connection. Effective Dates in Claims for Increase.
General Rules Governing Assignment of VA Claim Effective Dates. The OGC agreed that the BVA failed to consider Nehmer effective date rules. Its not first of all most Veterans get their ratings decision and can tell right away that the VA picked the wrong effective date.
The effective date is almost always the date that you request.
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