How do I get an early effective date for my disability?

Generally, the VA assigns an date as the date on which the granted claim was filed.  So, if a veteran has been filing the same claim for twenty years, he will normally only get an effective date back to the date the successful claim was filed.

There are some important exceptions to this rule.  The first involves CUE claims.  These claims are explained in another post.  CUE claims are difficult to prove and are very strictly interpreted by the court.

Another exception to the rule involves a claim which is granted based on newly discovered service department records.  If claim for service connection has been denied for years and is then granted when new unit records are discovered, the regulations require that the VA consider an effective date back to the time whent he first claim was filed.

Another important exception involves claims for increase.  A claim for increase normally results in an effective date back to the date of the filing of the request for an increase.  However, under the regulations, the VA can grant benefits up to a year before the filing if the increased condition existed prior to the filing.

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