(2022) How To Appeal VA Claim Effective Dates

Are you leaving your disability compensation on the table? Let's talk about earlier effective dates and when VA gets it wrong! Call 800-257-4400 to talk to our Disability Coordinators for a Free Case Evaluation.

Speakers
VA-Accredited Attorney Rachel Cheek

The Hill and Ponton Quick Hits series mixes the usual Hill and Ponton details with a video length that won't make you fall asleep. Thanks for watching!

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[HillAndPonton]

✔✔✔Want us to review your claim? Call 800-257-4400.

[donalddodson]

Thank you. I sure wish your firm could help review Claims before the Denials. So many VSO's are well meaning but mentally lazy and only interested in the easy wins.

[barrylitchfield]

Thanks for sharing this information with us out here in disability claims hell!!!

[multitieredinvestor]

My back pay for TDIU was 2016 and decided in my favor Dec 2022. I also was awarded SMC S. As I am Army retired I was awarded two separate back pays.

[classifiedsincebirth]

2017 filed for a service connected disability. 2018 received a low rating and immediately appealed and maintained regular doctor visits.
2024 received significant increase on original disability (100%) and the VA gave me an effective date from this years' C&P exam they sent me to in February. 83 months of retro pay reduced to 3 months! HLR now

[paulpillow]

I was granted 100% P&T. I had filed an ITF. They awarded Ch. 35 from the ITF date "based on 100% P&T, " on that date, but the effective date on my 100% award is dated almost a year after the ITF, so I'm not getting back pay all the way back to the ITF date. Still, I'm terrified to address it because I don't want to risk losing the 100%.

[LawDogg]

I had 30% mental health rating. They sent me to two C & P exams and increased me to 100% PTSD and P and T. But my Mental health date changed to the day they granted me PTSD. Which took my 4 years away. I do have all my records and dates though. They also combined my 70% TBI with my PTSD rating which I heard was wrong.

[idkuokjones]

I left the army with a 94 percent so a 90. In less then a year after I got out I filled other stuff. It bumped me to 100. I read online that if u get bumped up with in the first year leaving service that ur effective date is the first day u got out is that true.?

[postalworker]

Thank you, Ms. Cheeks for the valuable info My situation, I feel the VA did everything to obstruct my disability. I went from 30% for about 40 years. After successfully filing for a higher rating I was finally awarded 70%. What a nightmare navigating the VBA for my earned benefits and I'm still fighting for 100%.

[robertbarnes]

If you got diagnosed with sleep apnea in 2017 but you don't file a claim until 2022 but when you file for it as a secondary from ptsd or tinnitus that was in place before you got sleep apnea diagnosis. That the VA has already been paying for the cpap since 2017 should your back pay be until date diagnosis with sleep apnea in 2017 or the date you filed for a rating of sleep apnea in 2022?

[chazbanx]

I was screwed over, i filed for PTSD in 2017 and was denied. I was let down and didnt start filing again until 2021 when i filed depression and ptsd at the same time. Since ptsd would have had to be a supplemental they cancelled it and sent me a notice, which i never received. I waited over a year for my c and p exam for depression. Just to get denied service connection and have PTSD service connected. I filed a supplemental as advised by the examiner since i was previously denied. I lost over a years worth of back pay. but i also wish the VA would have helped me more in 2017.

[coreygamble]

Good information thank you. If I filed a claim in 2017 January and it was approved in June 2017 but was given the wrong effective date but unfortunately I wasn't educated enough to realize that mistake so is it to late if more than 1 year. Thanks again.

[tommartin]

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?

[wallys]

So I filed in 2018 a secondary claim and was denied the same year 2018. Filed an appeal with the VBA in 2019 a week or two before the year mark.

VBA came back without ever sending me to a DBQ and awarded 10% with back pay in Dec of 2023.

Sent me to a C&P exam in February of 2024 the doctor sided in my favor (medical opinion) and they made the effective date February of 2024 instead of back paying me the other 40% from 2018! I’m pissed!

What do I do?

[evonneford]

Went For My CPA in 2020 and my condition is worth and doing that time that is when I got a phone call from the VA telling me that I was PTD in 2015 and didn't know that until 2021

[anthonyortiz]

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?

[frankcastellano]

what about bladder cancer now on the listed diseases for agent orange

[hermis]

So, if I understood correctly, you have to BE on appeal?

[xrpeewee]

I was told and saw it on the VA page that they will back pay you from date of separation if you file within a year of separation.

[tommartin]

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?