How does the VA handle effective dates for claims regarding increased compensation?

So you've filed a claim to try getting an increase in compensation for VA disability benefits – but if it gets approved, when does it go into effect? And can you get increased compensation for time that has already passed?

Effective dates for VA disability benefits can be confusing. These specific dates are assigned by the VA, marking when they decided to acknowledge a condition as service-connected.

In this blog we'll be specifically talking about effective dates for claims regarding increased compensation. If you need more background info or have another situation going on, check out one of our other blogs on effective dates:

• Is your VA disability benefits effective date correct?

• How the VA determines effective dates for presumptive conditions

• Recent updates the VA has made regarding effective dates

• How does the VA determine effective dates for direct and secondary service connected conditions?

Here's what to know about claims for increased compensation and effective dates:

How the VA handles effective dates for claims regarding increased compensation

Claims for increased compensation are governed by the VA's 38 CFR 3.400(o). We'll summarize and simplify what veterans should know here (there's a lot to look through in that link).

For the most part, the determining factors for increased compensation claims follow the same general rules as other effective dates: it is either the date the claim was received, or the date entitlement arose (when the condition's diagnosis was documented). You can learn more about these general rules for effective dates here.

However, there are a few exceptions to this general rule…

• Exception 1: If your VA disability benefits have been terminated (AKA your service connection has been slashed), a retroactive increase won't ever be awarded.

• Exception 2: You have a grant of aid and attendance (A&A) or housebound benefits tied to an initial or supplemental claim for pension or compensation. In this case, these situations are handled differently – you can read more in 38 CFR section 3.401(a) here.

• Exception 3: When it's factually proven that an increase in disability occurred, increased compensation can be awarded if a complete claim or ITF is received within a year of that factual proof (such as a documented diagnosis).

So, unless your situation falls into one of the 3 exceptions above – your effective date will either be the date the claim was received, or the date entitlement arose (when the condition's diagnosis was documented).

Why do effective dates matter?

To save you time and frustration down the road, we recommend getting a grasp of how the VA determines effective dates early on (like when you're working on your claim). It's common for veterans to misinterpret the rules, even though they're clear – there are many caveats and the wording of the 38CFR is complex. Fighting the VA on effective dates rarely works, so you're better off focusing your energy elsewhere once you've learned what to expect.

Get the medical documentation you need for a successful claim

Whether you are filing a VA disability benefits claim for the first time or are looking for increased compensation, you'll need proper documentation to earn the most possible from the VA. At MRPY, we help veterans with Nexus Letters, DBQs, chart reviews, and more. We can help you get what you need to be prepared. Start with a chart review and view our other services here.