A single date on your rating decision can be worth tens of thousands of dollars. The VA gets it wrong more often than you would believe.
The effective date is the day your entitlement to compensation begins. It drives every dollar of back pay, and it is one of the most frequently mishandled parts of a rating decision.
The general rule
The effective date is usually the date the VA received your claim, or the date entitlement arose, whichever is later. An intent to file can lock in an earlier date and preserve up to a year of back pay while you gather evidence.
When the date is wrong
The effective date is the single biggest dollar figure on your decision, and it is set under 38 CFR §3.400. If the VA picked the wrong one, you can lose months or years of back pay without ever noticing. Your part is lining the assigned date up against your Intent to File, your first claim and every filing since.
- The VA ignored an earlier intent-to-file, or an informal claim filed before March 24, 2015
- A prior denial contained a CUE that should reset the date
- The claim was continuously prosecuted and the date was not carried forward
We audit the effective date on every decision we review. Correcting it is often the fastest way to recover money the VA already owes.
Effective-date and back-pay rules are governed by 38 CFR §3.400 and the procedural development standards in M21-1, Part III, Subpart iv, Chapter 7 (Effective Dates). Raters are required to review the entire claims file to identify the earliest date an informal or formal claim was received and the earliest date entitlement arose, whichever is later controls the effective date. Under Rice v. Shinseki, a claim for TDIU is part of the underlying disability claim, meaning the effective date for TDIU should trace back to the original filing when the evidence supports it. If the VA assigned an effective date later than the claim date without explanation, that is a clear factual error subject to challenge.