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What Date Does The Va Pay

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HvyGns38

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I know this has been answered before, but I could not find it using the search button.

What date does the VA back date you compensation too, the date you filed a claim or the date on which you had your C&P exam?

Thanks

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  • Moderator

The date you filed your claim, If you filed your claim on 10 Sept. 2007 that is the Effective date and payment would begin Oct. 1, 2007.

Payments begins the first day of the month following the effective date.

Sorry, had to edit this.

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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The "effective date" is supposed to be the later of the date the claim was received by the VA or the date the facts show the disability occurred. In a nutshell the VA tries to weasel out of paying at the claim date, and often cites the C and P exam as the date the disability occurred. This happens because the C and P doc wont say, "Veterans disability occurred on .....date" Instead the C and P doc does not give a date the disability occurred and the VA assumes that meant the date of the C and P exam.

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3.400 General.

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

(Authority: 38 U.S.C. 5110(a))

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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Thanks for the replies. Just received the deposit this morning. They paid from the day I put my claim in, Dec 1st (actually Nov 17th). They paid 4 months, Dec, Jan, Feb, March.

Thanks again.

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  • Content Curator/HadIt.com Elder

Increase claims are a bit different than initial claims. If you sought medical treatment any time 12 months prior to your increase request, the documented earliest date within the 12 months prior will be your effective date.

This also applies to tiered increase requests, as I just did this with my asthma claim:

Sep 2009 - Treatment qualified me for 30%

Dec 2009 - Treatment qualified me for 60%

Dec 2009 - Filed claim requesting 30% as of Sep and 60% as of Dec

Mar 2010 - Won increase request with dates of 30% as of Sep and 60% as of Dec

Of course, for your pay to change, your combined total percentage would also have to change.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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