Posted on Nov 4, 2024
Why wasn’t the effective date of my disability compensation set to immediately follow my discharge from the Navy?
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I finally received a disability pension, it but it was from August of 2022 and not from when I was discharged from the Navy back in 1992. Why didn't I receive it immediately after I was discharged because I was hospitalized while in the Navy.
I have been submitting claims that kept getting denied and had almost given up on receiving it, but my roommate gave me a little support in keeping going with it and it was recently granted.
I have been submitting claims that kept getting denied and had almost given up on receiving it, but my roommate gave me a little support in keeping going with it and it was recently granted.
Posted in these groups: 
Disability
Pension
Disability Pension
Posted 1 y ago
Responses: 6
I am making an assumption that you are referring to a VA Disability Claim and not a 'disability pension' from the military.
The answer MOST LIKELY is that you weren't appealing the denied claim. If you were appealing it than the original effective date would have been maintained (there are a few other uncommon exceptions). It sounds like you were creating new claims (or, at least, the last one that was submitted in August 2022 was a new claim) and that is why the effective date was in 2022.
The answer MOST LIKELY is that you weren't appealing the denied claim. If you were appealing it than the original effective date would have been maintained (there are a few other uncommon exceptions). It sounds like you were creating new claims (or, at least, the last one that was submitted in August 2022 was a new claim) and that is why the effective date was in 2022.
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SN Jeffrey Munson
Actually I was appealing it but I let it go for a couple of years and then reopened it and then I received it I had the NYS Veterans Service Officer help and the first one was not very helpful at all then he retired and got a new one and he was the most helpful.
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SN Jeffrey Munson I have modified my response because you revised your question. The link below provides VA Disability effective dates
https://www.va.gov/disability/effective-date/
https://www.va.gov/disability/effective-date/
Disability compensation effective dates | Veterans Affairs
When we decide we’ll pay a disability benefit based on a claim, we assign an effective date to that claim.The effective date is the day you can start getting your disability benefits. This varies with the type of benefit you’re applying for and the nature of your claim.
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PO3 Mark Cinco
Unfortunately ROs are ingrained with he notion that we are enemies attacking them, and all the links and CFRs on earth will not FORCE ROs to comply.
My last HLR informal conference was simply a joke. The Marine vet knew before calling that he was denying, so his job was just to recite CFR 38. Oh, and emphasize HIS service, and that he lives in a neighborhood of Marines.
My 40 years of Appeals, Supplemental Claims, and jumping hoops has demonstrated to me that the VA's major fallibility is arrogant human error. This dick said he did a full denovo review in a couple hours but he couldn't answer anything about it except what the other OR wrote.
These jokers saying you needed to maintain Appeals since the nineties talk down to us rather than opening a brain cell. My last Denial cited an entire page of unrelated CFRs that was lazy, sloppy, and wrong. The gaslighting academy has cranked out some real winners trying to clear the disgraceful backlog, denying everything they see.
The simple fact we share is that the very specific language of 38 CFR 3.400 says "if claim is received within 1 year after separation". That's it, and beyond that we have zero right to directly refute the crap about constant Appeals for thirty years being needed. Think about it - that very statement is moot if what the lying RO'S said is valid. It's like a little kid with his hands over his ears saying LALALALA! I CAN'T HEAR YOU!!!
Peacetime veterans have the distinction of being lesser-than, and that may also factor in, but the bottom line is the size of the checks. We're owed a lot of money, and most VSOs will tell you the government will NEVER honor its obligation.
I hope they're wrong because it's not like the VA is going to hire honest ROs anytime soon.
My last HLR informal conference was simply a joke. The Marine vet knew before calling that he was denying, so his job was just to recite CFR 38. Oh, and emphasize HIS service, and that he lives in a neighborhood of Marines.
My 40 years of Appeals, Supplemental Claims, and jumping hoops has demonstrated to me that the VA's major fallibility is arrogant human error. This dick said he did a full denovo review in a couple hours but he couldn't answer anything about it except what the other OR wrote.
These jokers saying you needed to maintain Appeals since the nineties talk down to us rather than opening a brain cell. My last Denial cited an entire page of unrelated CFRs that was lazy, sloppy, and wrong. The gaslighting academy has cranked out some real winners trying to clear the disgraceful backlog, denying everything they see.
The simple fact we share is that the very specific language of 38 CFR 3.400 says "if claim is received within 1 year after separation". That's it, and beyond that we have zero right to directly refute the crap about constant Appeals for thirty years being needed. Think about it - that very statement is moot if what the lying RO'S said is valid. It's like a little kid with his hands over his ears saying LALALALA! I CAN'T HEAR YOU!!!
Peacetime veterans have the distinction of being lesser-than, and that may also factor in, but the bottom line is the size of the checks. We're owed a lot of money, and most VSOs will tell you the government will NEVER honor its obligation.
I hope they're wrong because it's not like the VA is going to hire honest ROs anytime soon.
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First, I am not an expert on disability claims. Second, you really need to engage with an individual who is an expert on VA disability claims.
My initial award post service was 30% with a denial of PTSD despite having served in combat and claiming PTSD on all my post deployments forms. It took the advice of an expert in disability claims to help me refile and obtain a proper and full rating of 100%. That process took over 3 years, and was not compensable for the seven year gap between the original award and the resubmission with additional documentation and new examinations.
It all comes down to timing and the rules that apply, regardless of when the damage occurred. It's a sad but true fact.
Get in contact with a Veterans Service Organization, VSO, get your documentation in order and get the process going again.
Some veterans even engage a lawyer who is a specialist in VA disability claims. Tip: Have your lawyer submit a third party release of information request to the Department of Veterans affairs for your military medical records, this way it will not cost you document copy fees which are usually $0.10 per page. YOU are entitled to a free copy of your records as a one-time request, but third parties are required to pay - even if you consent, unless you provide a very specific VA release form. Lawyers can use this clause to attempt to pad you bill and charge you for the copy of the records, so make sure you understand this before you request records. YOU can get one copy free. If your lawyer says he'll get them for you, and then wants to bill you for them - that is wrong. You could instead request the records yourself, and present them to your lawyer at no charge.
Make no mistake about it, going from a 10% rating to a 100% rating is a lot of money. So a lawyer may say they will only take a fee if they win so to speak, but they're still going to be taking from your disability compensation when they win. And the difference between 10% and 100% is life-changing. Good luck.
My initial award post service was 30% with a denial of PTSD despite having served in combat and claiming PTSD on all my post deployments forms. It took the advice of an expert in disability claims to help me refile and obtain a proper and full rating of 100%. That process took over 3 years, and was not compensable for the seven year gap between the original award and the resubmission with additional documentation and new examinations.
It all comes down to timing and the rules that apply, regardless of when the damage occurred. It's a sad but true fact.
Get in contact with a Veterans Service Organization, VSO, get your documentation in order and get the process going again.
Some veterans even engage a lawyer who is a specialist in VA disability claims. Tip: Have your lawyer submit a third party release of information request to the Department of Veterans affairs for your military medical records, this way it will not cost you document copy fees which are usually $0.10 per page. YOU are entitled to a free copy of your records as a one-time request, but third parties are required to pay - even if you consent, unless you provide a very specific VA release form. Lawyers can use this clause to attempt to pad you bill and charge you for the copy of the records, so make sure you understand this before you request records. YOU can get one copy free. If your lawyer says he'll get them for you, and then wants to bill you for them - that is wrong. You could instead request the records yourself, and present them to your lawyer at no charge.
Make no mistake about it, going from a 10% rating to a 100% rating is a lot of money. So a lawyer may say they will only take a fee if they win so to speak, but they're still going to be taking from your disability compensation when they win. And the difference between 10% and 100% is life-changing. Good luck.
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