Appealing Claims Effective Date
Stephen Brodsky is no stranger to being contacted by veterans concerned about the VA potentially making a mistake when informing them of their effective date.
When it comes to VA disability claims the effective date is crucial since this date is when the VA will compensate to when a claim is allowed. So, if your claims effective date is April 31, 2021 but is allowed on April 31, 2022, you hold right to compensation for the full year starting on the effective date. Veterans usually can expect their effective date to be the date the benefit happened or when the VA acquired the claim
How the Effective Date is Determined
The VA does not always provide the most accurate effective date for your claim. Generally, the VA uses the date they receive the veterans claim.
Here are some reasons veterans may have issues with their effective date:
- Your claim was appealed. When a veteran appeals a claim there is a chance the VA may use the date of appeal as the effective date and not the date the VA received the appeal. If so, this is the wrong approach. At this point, the VA choosing the date of your appeal as the effective date means you need to do another appeal.
- A veteran showing up for a medical exam could lead to the VA using that date instead of the date you got the VA claim for the effective date. In this case it is imperative you have the help of a good lawyer.
- Reopening the claim can cause the veteran to believe the day the claim was reopened is the effective date. Failure to understand this situation and how to respond could lead to you to lose thousands of dollars in benefits.
Why an Effective Date May Be Wrong
A veteran’s effective date is vital due to its ability to affect how much disability compensation is received. Your retrospective benefits will be greater the earlier your effective date is set.
Stephen Brodsky Esquire has helped many clients correct wrong effective dates that were far later than the date they were supposed to get it. Having the right attorney can put thousands of dollars in VA compensation back in your pockets.
The VA occasional makes the mistake of assigning the wrong effective date for enhanced evaluation and service connection. At times, the VA will use the medical analysis date for the effective date in place of the date they received the veterans claim. It’s important veterans understand that what seems like simply mistakes could lead to you missing out on a large amount of compensation that was rightfully yours.or the date the
Let’s break this down for further understanding. The date evidence was received or the date the evidence was presented in no way dictates the effective date of a VA disability claim. Effective dates are only given due to when the VA gets the claim or the claim emanated, so they choose the one that comes last.
Mr. Brodsky sees these types of errors on the VA’s behalf often for Military veterans in San Antonio. Medical exams are in no way a factor in determining effective dates. This has been one of the main errors by the VA we have observed over time.
A veteran may file for an increased evaluation or service connection and the VA could takes anywhere from months to years to offer a VA exam. The VA may give the veteran service connection and an effective date that aligns with the date of the medical examination, which prevents the veteran from receiving compensation for the time from filing and the medical examination. In this case a lawyer can assure the veteran gets an earlier effective date and back pay.
Why Work with An Attorney to Appeal Your Effective Date
Stephen Brodsky is dedicating to defending veterans defeat the most challenging legal problems so the obtain every disability perk available for their specific needs.
Stephen Brodsky has long-term experience helping disabled veterans from many San Antonio Air Force Bases appeal their effective date. Do not risk mishandling your VA case and failing to get approved and receive the benefits you deserve and in a timely fashion. Stephen Brodsky has the expertise to help veterans with many types of VA appeals at every level.
We offer free consultations so contact Stephen Brodsky Esquire to see how we can help you win your case.