Effective dates for VA disability claims are governed by 38 CFR 3.400. For an original claim, the effective date is generally the date VA received the claim, or the date entitlement arose, whichever is later. For an increased-rating claim, 38 CFR 3.400(o)(2) allows VA to go back up to one year before the claim date if the evidence shows the condition factually worsened during that period. In practice, VA often uses the date of a C&P exam or another piece of medical evidence as the point the increase became "factually ascertainable," because that is the concrete evidence in the file supporting a higher rating at that time. That is likely why the decision cited an exam date rather than the original filing date — VA needs evidence pinpointing when the worsening occurred, not just the date the claim was filed.
If you believe the record actually supports an earlier effective date — for example, if you have treatment records, lay statements, or other evidence showing the condition was already at the higher severity level closer to your original filing date — a Higher-Level Review (VA Form 20-0996) is the correct vehicle to challenge that, since HLR reviews only evidence already in the file at the time of the prior decision and looks for clear and unmistakable error or a difference of opinion in how the existing evidence was weighed. If you have new evidence to submit, a Supplemental Claim (VA Form 20-0995) would be more appropriate instead of or after the HLR.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Does your rating decision hold up under a real audit?
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Analyze my claim free →There is no fixed, guaranteed timeline for how long an HLR takes to be assigned a reviewer or scheduled; processing times vary by regional office and caseload, and checking VA.gov claim status or contacting the VA directly is the most reliable way to get a status update rather than assuming a set number of weeks. For perspective on outcomes, in the appealed VA decisions in VetAid's library, 44% of appellate decisions were vacated or remanded, 30% were affirmed with the denial standing, and 10% were reversed or granted outright — though these are appellate outcomes from a non-random set of appealed cases, not odds for any specific claim.
The concrete next step is to check the claim status on VA.gov or call the VA to confirm the HLR has been assigned, and if you believe the effective date is wrong based on evidence already in the file, discuss with an accredited VSO whether that argument should be raised within the HLR or refiled as a supplemental claim with new evidence.
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