When filing for VA disability compensation, the “effective date” of a claim is one of the most critical factors veterans should understand. The effective date marks the starting point from which the Department of Veterans Affairs (VA) will pay benefits for a granted claim. In most situations, this date corresponds to the day the VA receives the claim or the day the veteran becomes entitled to the benefit. However, there are several essential exceptions to the standard effective date rules, and knowing these can make a significant difference in the amount of back pay received. This article outlines the main types of effective date exceptions that can result in additional retroactive benefits for veterans, providing practical examples and guidance for documentation.
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Exception 1: Increased Rating Claims and Back Pay for Worsening Conditions
For veterans seeking an increased rating for an existing service-connected condition, the VA generally sets the effective date as the date the claim for increase was filed or the date the evidence shows the condition worsened—whichever is later. However, under 38 CFR 3.400(o)(2), there is a valuable exception that may result in up to one additional year of back pay.