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Q847: Any time period rule says effective when VA awards the benefits? My question if it is backdated is that the time it is effective?
A1: There are several things that can come into play regarding your question. If you separate from the military and you have a disability manifest to @ least 10% during the first year of separation, the effective date will be the date you separated from service. Other times, if you file a claim, it is effective the date the VA receives the claim, to include "intent to file." When you file an appeal and you continue to prosecute, then your effective date can be the original date of your claim or the date the VA can legally award you the benefit. For example. You appeal because you think you should have been awarded SC but the VA says the medical evidence does not support the award. Five years later in your appeal and the VA asks for another C&P because the initial one is outdated, and your new exam supports award of the benefit, then the date of the award will be the date of the new C&P exam. If you are awarded SC @ 30% or higher, you can be awarded additional benefits for having a dependent. As long as you claim your dependents w/in a year of your award of 30%, then the effective date will be the date of your 30%. If you wait more than a year, then the effective date will be the date the VA receives your claim for dependents. (DS) 3/30/22