Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Guide on "Effective dates" and your backpay.

This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 


Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 


This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.




  • Moderator

I get lots of questions on effective dates.  Please look here first, then ask questions, as they may be answered here.

GENERAL EFFECTIVE DATE RULE: Your effective date will be the later of the facts found or date of claim. (see below)

 DATE OF CLAIM:  Judges use the term "continiously prosecuted claim".  In other words, you applied, it was denied, you appealed (or reopened) and it has kept your appeal "alive" since you first applied because you have kept on jumping through the hoops to preserve your effective date.  "jump through the hoops" means you timely filed a NOD, or got VA to reopen, and when denied again, you appealed timely again.  You also went to C and p exams that were ordered and you sent any additional information VA requested.  If you fail to attend a c and p exam or fail to give VA "requested evidence", then the VA assumes you have abandoned your claim and can be closed without a decision.  The VA does not always need to notify you, but they do sometimes, that your claim has been considered abandonded.  (withdrawn). 

To "continiously prosecute" your claim, you have to read letters VA sends you, and comply with their requests to the extent possible as well as meet all nod deadlines.   If they request records and you can not obtain them, then you need to inform VA that you want to continue your claim, but you can not obtain the requested records (and probaly give a good reason you cant get those records, such as a hosptial closure.) 


FACTS Found:  This means when the doctor said you were disabled.  If you went to a c and p exam, the doctor can opine "when" you were disabled, often by reviewing your records.  As an example the doctor can opine, "This Veteran has had arthritis present in xrays since 2002."   This is a fact found, determined by your doctor.  The problem comes when the doctor "does not give a date".  In this example, the doctor just helped you out, noting that you have had this a long time.  However, if the doctor does not mention a date, the VA often uses the DATE of the C and P exam as "facts found".   While I think this is hogwash, still that does not prevent VA from doing just that.  Coming back to this example, your 2020 c and p exam isnt the facts found because you were not "free of arthritis" prior to your c and p exam, but amazingly got arthritis one minute after you stepped our of the c and p exam.  No, you have had arthritis back to 2002, but your doctor did not bother to say that he could see it on your xrays back then, so you wind up losing decades of retro "unless" you appeal, and hire an IMO to state he reviewed your records, and your xrays showed arthritis in a 2002 exam, so you had arthritis at least 18 years.  

REOPENED CLAIMS:    Read 38 CFR 3.156, which governs claims reopened with new evidence, here:  https://www.law.cornell.edu/cfr/text/38/3.156 

THERE ARE EXCEPTIONS to the general effective date rule above.    See them all here: https://www.law.cornell.edu/uscode/text/38/5110

Some notable exceptions are:

1.  New evidence.  See 38 cfr 3.156.

2.  Claim for increase.  It can go back as much as a year earlier if this is a claim for increase, depending upon facts found.  

3.  Applied within one year of exit from military service. 

4.  Clear Error, CUE.  There is much on CUE, I wont go into that here.  I placed this last for a reason:  A cue claim has the most difficult "standard of review" for Veterans to win.  You forfeit the benefit of the doubt with Cue, and I normally dont recommend it, unless all of the above fails or does not apply.  Cue can be sought anytime, while to appeal means you appealed timely.  

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0
  • Moderator

 Great information broncovet  also  if you created a hadit blog  this information needs to be put in your blog. 

its fine here too,   but veterans can read your blog anytime  as these post get covered up after a few days.


Link to comment
Share on other sites

  • 0
  • Moderator

I put this up, and probably will be adding to it from time to time.  Also, if you have won your effective date, or have some knowledge on winning effective date appeals, then post it here.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story.
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

{terms] and Guidelines