Posted on Oct 17, 2020
How is your VA Disability Entitlement Date established?
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Veteran community question, actually. I retired on 30 SEP 10. I expected my VA Disability entitlement to begin the following day, 01 OCT 10. When I finally received a decision a year later, the entitlement date was established as 01 NOV 10. This contradicts everything that I read about VA Disability entitlement! I feel this was an error, that the VA skipped a month. I asked the VFW VSO that handled my case. He said that the VA was right and I was wrong. Is this correct, the VA is authorized to just skip the whole first month? I would not be surprised. Social Security skips the first 5 months! Anyway, I saw the Rallypoint advertisement soliciting questions, so I thought I ask again (a decade later). I am now a Permanent and Total Disabled veteran, so we're talking about payment in excess of $3000. Please advise. Thanks! I am not sure if the VA owes me money, or not?
Edited 4 y ago
Posted 4 y ago
Responses: 3
I believe it is the date the VA receives your claim. I may be wrong as I am shooting from the hip.
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1SG (Join to see)
Not with a military retiree. That may pertain to a veteran that was out of the service for a while. They file a disability claim and the VA uses the date received. All the information that I read about retirees stated that the effective date is the day after your discharge. Thanks anyway!
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SGT Javier Silva
1SG (Join to see) - Then my thought is that the Army didn't report your separation to the VA until after November. You can try to appeal it, BUT you will have a very difficult time, since it has been 10 years. Now, it is a question of "do you want to fight a 1-month difference?" I think you're owed a month, but will it be financially worth the fight?
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1SG (Join to see)
Well, I am sure you know more about the process than I do. I cannot imagine the Army not reporting my discharge as being a reason, though. My DD 214 clearly shows 30 SEP 10 as separation date. I am not likely to fight for this. I got what I wanted, a "P&T" rating. I only asked in event that it was an easy fix. More or less, someone from the VA would look at it and say "Yep, we skipped a month in error". Thanks anyway!
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SGT Javier Silva
1SG (Join to see) - I apologize that I couldn't be of more help. What they put on paper isn't the same as when they report it. I think that may have messed it up a little. You could always call the VA. The worst they can say is no.
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1SG (Join to see)
Again, it was a "long shot". We use to say in the Army "The foolish question is the one not asked". I don't want to be a malcontent. I cannot complain now, considering I was awarded "P&T" in less than 7 years. Some veterans fight for decades to reach that point. Three grand is a good chunk of change! But, I won't lose any sleep over it. Overall, it was quite an eye-opening experience. I thought I was somewhat familiar with the VA's rules and criteria. I NEVER CONSIDERED that they would ignore their own policies, or just openly disregard the medical records submitted! In the end, the VA does whatever they want. I get the feeling they do not like to award 100% for retirees on the initial Compensation & Pension exam. They make you fight for it. I am NOT bitter! When I finally received the back pay (19 months from filing!), I made significant charity contributions to the VA Medical Centers that blotched my Comp & Pen Exam and downplayed my rating. My donations went for veterans in long term care and to support a satellite clinic for PTSD cases. Forgive me, I am rambling! Thanks for your time and input!
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Your disability payment date is the day your paperwork is submitted to VA for processing after you have EAS\ETSd and are no longer on active duty or terminal.
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1SG (Join to see)
Thanks! That is what I expected, that entitlement date was the day after my retirement. I did submit a little early. As previously mentioned, the VA sent me a letter stating they would not do anything until I was discharged.
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