Tuesday, June 19, 2012

How to Change Your VA Disability Date

By Terry Smith

If you've been rated for a service-related disability by the Veterans' Administration (VA), you should be receiving benefits from them as of the date they assigned that rating. The VA assigned your rating effective date based on their guidelines for establishing disability for your type of injuries, but if you believe the actual disability occurred on an earlier date, you can appeal. You should file your appeal within one year after they first notified you of their decision on your rating and effective date.

Review the VA's finding in your case with your representative. Use their expertise to determine if you can make a case for an earlier effective date. If you don't have a representative, request an organization such as the Disabled American Veterans (DAV) to assign you a representative who knows the VA system well enough to help you.

Appeal all findings with which you don't agree within one year of the VA notifying you of your final rating, including effective dates. Be sure to attach justification for your position. If you were diagnosed for your disability prior to the VA effective date either from your own physician or another specialist, attach their findings as your justification. You need to get the VA to reconsider their decision based on facts of which they weren't aware.

Answer all VA correspondence related to your request to change your effective date within 60 days if they do agree to reconsider it. You should try to answer as soon as you can and not wait for the 60-day period to elapse. The faster you get back to them, the faster they can finish evaluating your appeal and change your effective date. If the VA does reconsider your effective date, you'll receive your additional benefits backdated to the new date.

Contact your local VA office, call the VA customer service line at (800) 827-1000, or go to the VA website for further information.


http://www.lenderva.com

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