Securing a 100% disability rating from the U.S. The Department of Veterans Affairs (VA) is the culmination of years of service, sacrifice, and navigating a complex bureaucratic system for veterans. However, achieving this status doesn’t always mark the end of their journey. In pursuit for additional benefits or earlier effective dates, some veterans opt to reopen their claims or open new ones. This can lead to increased compensation. However, it also carries significant risks.
What are effective dates in The Department of Veterans Affairs (VA) disability claims.
An effective date is the date that determines when a veteran’s disability begins. According to the VA guidelines, the effective date is the date when the VA typically receives the claim.
Some veterans are entitled to earlier effective dates in specific scenarios. A few scenarios include:
Presumptive Service-Connection: If a veteran files a claim within one year of separation from active duty, the effective date is the day following separation.
Reopened Claims: Generally, the effective date is the date the VA receives the claim or the date entitlement arose, whichever is later.
The risk of reopening a claim.
While there is a possibility of getting an earlier date or other benefits when you reopen a claim is tempting, reopening a claim or filing for a new one can come with unexpected consequences. Veterans may inadvertently trigger a comprehensive review of their entire claims history, which can uncover discrepancies, errors, or conditions that were previously overlooked.
One significant risk of reopening a claim is that there is a possibility of reduction in the disability rating. The VA may reassess existing conditions and determine that certain disabilities may have improved or were previously rated incorrectly. This reassessment can lead to a lower rating and, consequently, reduced benefits.
Filing another claim, especially one that might prompt a deeper look, feels dangerous. Veterans worry that:
- The VA will find something to reduce their rating.
- They’ll be subjected to re-examinations.
- Their condition will be interpreted in a way that discredits prior decisions.
“I poked a bear and it jumped on me”: The veteran’s perspective.
The phrase “I poked the bear and it jumped on me” describes the experience of many veterans who, in seeking additional benefits or earlier effective dates, find themselves facing unexpected consequences. The phrase “I poked the bear and it jumped on me” speaks volumes about how veterans experience the VA system.
The VA is supposed to be cooperative, with the interest of the veterans at heart. However, many veterans feel it functions more like an insurance company looking to minimize payouts. When a veteran files for more benefits or a correction, they are often treated as if they’re trying to game the system.
This undermines the trust veterans place in an institution that’s supposed to support them.
