Effective Payment Date and Intent to File

[glashutte]

Hi!

I separated from the Army in July 2017 and filed my intent to file in June 2018. 

Once my VA claim gets completed and finished, will my effective date be when my Intent to File date was, or the day after my last duty day (Jul 2017)?

 

Also in years to come once ratings get changed from let's say 10% to 20%, will that effective date retropay to when I separated or to when the rating change date and forth?

Thanks!

[broncovet]

The regulations state when you apply for benefits within ONE YEAR of exit from service, your effective date will be the date you exited from service, if your claim is approved.  

However, its a little more complicated than that.  The general rule for effective dates is the later of the "facts found" or your date of claim.  So, we dont know the date the doctor says you became disabled, so we dont know what your effective date will be.  As I explained, it will be the later of the facts found or the day you got out of service, provided that VA received your claim within a year of your exit from service.  

[glashutte]

17 minutes ago, broncovet said:

The regulations state when you apply for benefits within ONE YEAR of exit from service, your effective date will be the date you exited from service, if your claim is approved.  

However, its a little more complicated than that.  The general rule for effective dates is the later of the "facts found" or your date of claim.  So, we dont know the date the doctor says you became disabled, so we dont know what your effective date will be.  As I explained, it will be the later of the facts found or the day you got out of service, provided that VA received your claim within a year of your exit from service.  

Thank you Broncovet. 

Regarding applying for benefits within one year of exit of service - I did not do that but I did do an Intent to File. 

My va claim filing will be within one year of my Intent to File but not one year of my exit from service date. How will this work?

[broncovet]

The ITF should suffice, but people have told me the VA has disregarded the ITF and acted as if it never existed.    However, upon appeal  you should be able to get retro benefits, as the law states.  Expect the VA to fight you tooth and nail for everything and you will rarely be disappointed.  

[glashutte]

Thanks! I will fight back as much as needed