Why wasn’t the effective date of my disability compensation set to immediately follow my discharge from the Navy?

2024-11-04T18:50:11-05:00

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.

Response by A1C Medrick "Rick" DeVaney made Nov 4 at 2024 6:56 PM

2024-11-04T18:56:57-05:00

FIRST Ya Gotta Take Up Wrestling, Boxing & Get Your Black-Belt In Mudo-Qwan Karate;
THEN You're Ready To Apply......OH Ya WANT A Disability PENSION?
~ Never Mind, I Ain't Got That Far Yet.~ Still Working On That One.

Response by Sgt Private RallyPoint Member made Nov 4 at 2024 7:36 PM

2024-11-04T19:36:00-05:00

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/

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.

Response by COL Randall C. made Nov 5 at 2024 2:58 PM

2024-11-05T14:58:40-05:00

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.

Response by SN Jeffrey Munson made Nov 5 at 2024 5:33 PM

2024-11-05T17:33:32-05:00

I kinda understand that but I was hospitalized while in the military and I started my claim within a year after I was discharged it was sychizoeffective disorder with depression

Response by SGT Lorenzo Nieto made Nov 6 at 2024 6:48 AM

2024-11-06T06:48:10-05:00

I hate to tell you the va will not go back to 1992, I had a heart attack in 2005 due to agent orange still to this day the va denied my claim. Good luck

Response by PO1 Don Uhrig made Jan 12 at 2025 12:47 AM

2025-01-12T00:47:13-05:00

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.