APPEALING A DENIED VA DISABILITY CLAIM AND REQUESTING AN EED
Not every application for VA disability benefits is accepted. In fact, a large number of requests for benefits from the U.S. Department of Veterans Affairs (VA) are denied every year. These denials can often be appealed in order for the denial to be reversed. The appeals process can often take time, possibly years, which in turn can cause the applicant to lose a great deal of money through medical bills, lost wages, and other damages during that time. Cases such as these may be eligible for an earlier effective date. If the VA determines that your denial was due to a mistake made by the VA, the effective date for your benefits can be changed to the date when you first filed your claim. You will then receive back pay for the time during which you should have been receiving benefits.
Recently discharged veterans can also receive an EED. If a veteran files for disability within one year of their honorable discharge or separation from active duty, their effective date will be their date of discharge instead of the date the claim is filed. Certain Vietnam War veterans may also be eligible for an EED if they were exposed toAgent Orange herbicide during their service. The VA did not offer compensation for injury and disease resulting from Agent Orange for many years. If a Vietnam veteran can prove that their service-connected disability began before the VA offered benefits for Agent Orange exposure, the effective date of their benefits could be changed and they could receive back pay for their lost benefits.
The process of requesting and receiving an EED is not a simple one. Working with the VA in any capacity can be difficult, which is why you should hire a veterans benefits attorney or an agent to guide you through the process. You deserve to be compensated for the full period during which you’ve been disabled, and an earlier effective date can help you obtain that compensation.