Complicated Effective Date Issues (Attorney)

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Presenter: Alexis Ivory

Length: 93 minutes

Recorded: February 2020

Approved for 1.5 CLE credits by the Virginia State Bar


Webinar Description:

It is critical for you as an advocate to ensure that the VA assigns your veteran the earliest effective date for VA benefits that is permitted by law. The basic rules governing effective dates are relatively straightforward. However, there are several special situations that require the VA to assign an effective date earlier than the basic rules call for. VA adjudicators sometimes misapply the effective date rules in these special situations. Advocates should be proactive in explaining the effective date that the VA should assign when the more complicated rules apply. They must also be able to identify when the VA assigns an incorrect effective date for benefits, because such an error could result in the veteran losing out on months’ or years’ worth of VA benefits. This webinar will provide advocates with an overview of the VA’s various effective date rules and advice on how to make sure the VA awards the earliest effective date for benefits available under the law.

This webinar will cover topics including:
• The new effective date rules for certain claims by Blue Water Vietnam Veterans
• Effective date rules for claims under the Veterans Appeals Improvement and Modernization Act
• Effective date rules for service connection of Agent Orange-related disabilities under Nehmer
• Effective date rules when there is clear and unmistakable error in a prior VA decision
• Effective date rules when new service department records are received after a final VA denial
• Effective date rules when there is a change in law
• Effective date rules for increased ratings and total disability ratings based on individual unemployability (TDIU)
• Advocacy tips and strategies for preserving the earliest possible effective date and for disputing an erroneous effective date assigned by the VA