KEY:

​

• ITF = Intent to file

• CS = Claim submitted

• NDX = Negative diagnosis

• PDX = Positive diagnosis

• CF = Claim finished

​

Timeline

​

       1/9                                2/1                                    2 /15                               4/1                                      16/5

​

Intent to File          Claim Submitted                Negative diagnosis      Positive diagnosis               Claim finished

​

​

Due to there being negative evidence that there was no disability on 2/15. And it was not until a diagnosis was made that showed a disability existed on 4/1. The intent to file on 1/9 is NOT the effective date! The effective date would be 4/1 since that is the earliest it was determined medically that the disability existed.

As such, the Veteran's pay would start 5/1, as again, the month of the effective date is not paid! The Veteran would not get a check until the June 1 due to the VA paying in arrears.

​

Separation from Service

​

The Veteran does NOT need to have a formal intent to file made at any time within a year of separation. The Veteran has a hanging de facto intent to file that goes back to one day after the Veteran separates from AD service. This applies to ALL claims made within this period of time.

However remember, you are still subject to the Date entitlement arose.

​

IMPORTANT NOTE:

​

• If the Veteran does submit an intent to file BEFORE their one year anniversary of separation. They CAN get an extension of up to another year in which their back pay will go back to the day after they separate.

​

NOTES:

​

• The effective date CANNOT start while you are still AD! The earliest possible effective date is the day AFTER you separate.

• If the Veteran's last period of service is DISHONORABLE, the Veteran is NOT granted the provision of having a hanging intent to file for a year following separation!

​

Increase Claim

​

It is possible to get an effective date up to a year before the Veteran initiates an increase claim, so long as their claim contains MEDICAL EVIDENCE related to an examination, hospitalization, or medical treatment of a disability which adequately demonstrates that the disability was of such severity to warrant a higher evaluation at such date.

Which means, if medical evidence is NOT in-depth enough to demonstrate you rated that increase you won't be able to get this advanced effective date.

​

SPECIAL NOTE:

​

• In the cases of Diabetes and Spine related Nerve issues - the effective dates of their secondary conditions CAN be given the consideration of an increase claim, with respect to having an effective date up to a year before the claim for service connection was filed!

​

Appeals

​

IMPORTANT NOTES:

• Effective 07/30/2021, intent to files DO preserve effective dates for supplemental claims!

• Intent to files do NOT apply to Higher Level Reviews or BVA appeals!

​

Continuously pursued claims

The Veteran's effective date would be that of whenever they ORIGINALLY initiated their claim OR the date Entitlement arose, whichever is later.

​

Supplemental claims filed one year AFTER a denial:

​

Date the supplemental claim was filed OR the date Entitlement arose, whichever is later.

​

IMPORTANT NOTE:

​

• Failure to file an appeal on the proper form WILL result in you getting the effective date of whenever VA receives the correct form (unless other effective date rules are in play OR the erroneously filed 21-526EZ has no other viable conditions AND there is a valid intent to file)!

​

VA Obtaining New Official Military Service Records

​

In the event the VA obtains new OFFICIAL military service records that they did not have on hand during their original decision, and such records would have resulted in a grant of service connection, the Veteran is entitled to an effective date of whenever the date Entitlement arose OR the date the original claim was initiated (or the date after separation), whichever is later.

​

Clear and Unmistakeable Error (CUE)

​

When the VA makes a CUE the Veteran is entitled to an effective date of when the claim was originally initiated or whenever the date of Entitlement arose, whichever is later.

For more information on CUEs click HERE.

​

Liberalizing Change of Law

​

A liberalizing law is one which brings about a substantive change in the law, creating a new and different entitlement to a benefit.

This usually takes the form of Congress or the VA itself adds a new Presumptive service condition OR changes the criteria of existing presumptive.

​

The impact of liberalizing law on effective dates is as follows:

​

• Effective dates can be NO earlier than the date of the effective date of the law!

  • If a Veteran is granted service connection with the basis being the change in law then it can be no sooner than the date the law changed.

• Effective dates CAN go back up to a YEAR BEFORE the Veteran initiates a claim!

  • IF a Veteran would have meet ALL presumptive criteria BEFORE the law was passed, the Veteran can get an effective date up to a year before they initiated their claim. IE You served in blue water Navy during Vietnam and were diagnosed with type II diabetes 10 years after separating from the military. If the you initiated a claim for diabetes after the Agent orange presumptive eligibility changed. The effective date would go back up to a year before you initiated your claim.

​

IMPORTANT NOTE:

​

• If the VA can grant service connection via direct service connection instead of presumptive, the VA will do so. Which may or may not be the most beneficial thing for you.

​

List of Liberalizing Law Changes

​

Here are a list of liberalizing changes: