Veterans seeking disability compensation from the U.S. Department of Veterans Affairs (VA) often have questions about how the VA decides the effective date of their service-connected disability. In this article, we at Disability Law Group discuss the key factors the VA considers when determining the effective date of a veteran’s disability claim. We also explain what to do if you disagree with the VA’s decision concerning your disability benefits.
Direct Service Connection
A direct service connection links a veteran’s illness or injury directly to their military service. To establish a direct service connection, the veteran must show that the condition began or worsened during active duty.
Examples of a direct service connection disability include:
- Hearing loss from constant exposure to jet engines
- Combat injury, such as an amputated leg from shrapnel
- PTSD after witnessing traumatic events during deployment
- Chronic back pain from heavy lifting
To establish a direct service connection, the veteran must show that the condition started or worsened during active duty. The VA usually sets the effective date as the later of two dates: the date they received the disability claim or the date the condition appeared after discharge. For example:
- If a veteran files a claim for VA disability benefits on June 1, 2024, and the condition starts on January 1, 2024, while still in service, the effective date will likely be June 1, 2024.
- However, if the veteran files on the discharge date, the effective date could be the day after discharge.
Presumptive Service Connection
The VA presumes certain conditions are related to military service due to their nature and circumstances, and refers to such conditions as having a presumptive service connection.
Examples of presumptive service connections include:
- Airborne hazards from open burn pits
- Agent Orange exposure
- Gulf War illnesses
- Other chronic diseases
For presumptive conditions, the VA sets the effective date to when the disability claim was filed or the date the condition appeared, whichever is earlier. This process often results in an earlier effective date than direct service connections, allowing for retroactive disability compensation.
What to Do If You Disagree with the Service-Connection Date
If you disagree with the VA’s decision on the effective date of your VA disability benefits, you may take the following steps to file an appeal:
- Submit new and material evidence to support an earlier effective date.
- Request a review by a Decision Review Officer (DRO) or a Board of Veterans’ Appeals (BVA) hearing.
- Provide comprehensive evidence, like service and private medical records, witness testimonials, and expert opinions.
VA Earlier Effective Date Process
The VA earlier effective date process involves reviewing the evidence submitted with the initial claim and any new evidence provided during the appeals process. The VA examines all relevant documents to determine if there is sufficient justification to assign an earlier effective date.
The attorneys at Disability Law Group bring decades of experience and knowledge to our work in helping veterans and their families secure the benefits and compensation they deserve. This includes dependency and indemnity compensation for survivors of veterans who died in active duty or as the result of service-connected illness or injury.
Disability Law Group specializes solely in disability benefit cases. We relentlessly pursue justice and champion the rights of those in need. Three of our partners have been honored as Super Lawyers Rising Stars for the last four years, placing them in the top 2.5% of attorneys practicing in Michigan. More importantly, we have consistent five-star ratings from our clients across all platforms, indicating our unwavering commitment to client service. If you would like to discuss your situation and learn how we can advocate for your rights, contact us today for a free, no-obligation consultation.
