r/VeteransBenefits

Did I miss out on backpay?

Yes, you may have missed out on significant backpay, as your effective date was likely incorrectly assigned to 2023 instead of 2016. Under 38 CFR 3.400, the general rule is that the effective date for compensation is the later of the date the VA received your claim or the date entitlement arose. Since you filed in 2016 and continuously pursued the claim (despite periods of inaction), the effective date for your 100% rating should typically be the 2016 filing date, or potentially the date your PTSD became disabling if earlier. The VA’s limitation to 2023 suggests they may have treated your recent submission as a new claim rather than a reopening or a claim for increase of the prior denied claim, which is governed by different rules. For a claim for increase, the effective date is the date of the increased rating if received within one year of the request; otherwise, it's the date VA received the claim (38 CFR 3.400(o)). However, if you submitted new and material evidence to reopen the 2016 denial, the effective date for a subsequently granted benefit should be the date of that reopening request (38 CFR 3.400(q)). The key issue is whether your submissions constituted a reopening of the old claim or a new claim. You should immediately file a Notice of Disagreement (NOD) on the effective date decision, arguing for the earlier date under the continuous prosecution doctrine (see *Buchanan v. Nicholson*) and citing 38 CFR 3.156(b) regarding new and material evidence received prior to a decision, which could entitle you to the earlier effective date. Obtain your claims file (C-file) to review the exact designations VA used for your submissions and consult with an accredited VA attorney or agent to build the appeal, as this involves complex effective date regulations.

*This information is for educational purposes regarding VA claims processes and is not legal or medical advice.*

Need a deeper analysis?

Our AI analyzes your specific situation against thousands of BVA decisions.

Analyze Your Claim Free
← Back to all questions
Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).