My effective date and filing date

[drewski84]

This really is more just FYI.. I've read a lot of people saying that your effective date or retro date will be the date you filled.. Or the second of the two. (intent to file) (filed) I just want to say that that did not happen in my case. The VA back paid and gave me an effective date year and a half before I filled for and increase to be unemployable IU. So either I just got lucky or there is a way to be retro paid before your actual filling date. Basically I got an effective date the day after I lost my job due to my service connected conditions.

[broncovet]

Yes, there are several ways to get an earlier date.  One is an informal claim.  Effective dates are complex, and I dont know that much about yours to know which one it is.  "Intent to file" is a NEW requirment the past year.   Or, you could have recently gotten out of the service, and applied within a year, in which case it will be backdated to the date you got out of the military. 

 

[USMC_VET]

well the intent to file portion only became an official form in March i believe.  Prior to that your EED was based on a generalized time when your intent to file could be determined.  By that i mean if you mailed a letter ot the VA saying 'I am going to file for PTSD" then that would be your intent to file, etc.  The VA could have also considered perhaps a comment in an exam that you were unemployed now due to your disability, etc. or maybe something else that the VA ferreted out as a "intent to file".  That being said all of that inferredness of the old system in regards to intent to file is over.  Now it is cut and dry.  Once the intent to file is filed by you via paper, or is filed when you START your application online, thats the EED for the most part (there are some exceptions in case of CUE, etc.). 

 

[USMC_VET]

Yes, there are several ways to get an earlier date.  One is an informal claim.  Effective dates are complex, and I dont know that much about yours to know which one it is.  "Intent to file" is a NEW requirment the past year.   Or, you could have recently gotten out of the service, and applied within a year, in which case it will be backdated to the date you got out of the military. 

 

yeah but he said that it was 1.5 years prior his file date, the military retro only goes back to your EAS date if its a year or less.  Basically if you get out and file 6 months later and win 1 year from your EAS date you get retrod back 1 year to the EAS.  If you get out and file 13 months later and then win it goes back only to the file date.

Then again if this gentleman got out and filed and his claim was dragged out over a year and a half then that would explain the 1.5 years retro.

38 USC 51110

(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.

[broncovet]

There are 52 PAGES of stuff (no pictures!) just on effective dates in the Veterans benefit manual, so it could be several things.  The effective date is the later of the "facts found" or the date you filed.  But both of these can be open to dispute.  Many Veterans, including myself, have/do file for an earlier date.  Its great you got a generous or correct date, mine was 5 years later, and the VA is fighting me tooth and nail for 9 more years to keep me from getting benefits the day I filed.  I could write a book on it. 

[USMC_VET]

There are 52 PAGES of stuff (no pictures!) just on effective dates in the Veterans benefit manual, so it could be several things.  The effective date is the later of the "facts found" or the date you filed.  But both of these can be open to dispute.  Many Veterans, including myself, have/do file for an earlier date.  Its great you got a generous or correct date, mine was 5 years later, and the VA is fighting me tooth and nail for 9 more years to keep me from getting benefits the day I filed.  I could write a book on it. 

oh yeah, its quite a encyclopedia they have on it.  Im trying to fight a EED on something as well, they are not all that...ahem...non adversarial when it comes to EED.

[drewski84]

I should have been more specific. I got out of the Army Feb 2008 filed right away. Was awarded 70%.

Then later I lost my civilian job Jan 2013. I filed for TDIU Feb 2014. I was awarded TDIU P&T March 2015. My Effective date was back dated to the day after I lost my job Jan 2013. I don't know if it was a mistake or what the regs are, that's why I'm sharing this info.