The basic rule
Under [src] 38 CFR § 3.400, the effective date for a granted disability claim is generally the later of two dates: the date VA receives the claim, or the date entitlement arose. “Entitlement arose” means the date the disability existed at a level VA can compensate — the date the condition became at least 10 percent disabling under the rating schedule. In practice, when a veteran files months or years after the condition started, the effective date usually becomes the date of claim, because entitlement arose earlier.
The statutory anchor for these rules is [src] 38 U.S.C. § 5110, which Congress wrote to tie compensation start dates to filing dates rather than to the day a condition first appeared. That is why the date a claim is received almost always matters more than the date a veteran first noticed symptoms.
The 1-year-from-discharge rule
A separate provision under [src] 38 CFR § 3.400(b)(2) treats original claims filed within one year of separation differently. If the original claim is filed within one year of the date of discharge, the effective date can be set to the day after discharge — potentially back-dating compensation up to a full year before VA even received the claim.
This is one reason a claim filed 11 months after discharge can be worth substantially more in retroactive pay than the same claim filed 13 months after discharge. After the one-year window closes, the standard 38 CFR § 3.400 rule applies and the effective date generally becomes the date of claim. Veterans inside that window may want to file even if all the medical evidence is not yet in the record, because an Intent to File can hold the date while evidence is gathered.
Intent to File preserves a date for up to one year
Under [src] 38 CFR § 3.155, a veteran can submit an Intent to File (ITF) to preserve an earlier effective date for up to one year while gathering evidence and preparing the formal claim. If the formal claim is filed within that one-year window and later granted, the effective date may go back to the date of the ITF rather than the date of the formal filing.
There are three recognized ways to file an Intent to File:
- Online at VA.gov. Logging in and starting a disability claim creates a saved ITF automatically; the ITF date is the date the saved draft is created.
- Written submission of VA Form 21-0966. Mailing or hand-delivering the signed form to the VA Evidence Intake Center or a regional office establishes the ITF as of the date received.
- Oral submission to a VA representative. A telephone call to VA at 1-800-827-1000 can establish an ITF when the VA representative documents the request in the claim file. A written confirmation usually follows.
An ITF is good for one year. If the formal claim is not filed within that window, the ITF expires and the effective date generally falls back to the date the formal claim is later received.
Reopened and Supplemental Claims
A previously denied claim can be revisited as a Supplemental Claim when there is new and relevant evidence. Under [src] 38 CFR § 3.400(q)(2), if the Supplemental Claim is filed within one year of the prior decision and is later granted, the effective date may go back to the original date of claim — not the date of the Supplemental filing. This is one of the strongest reasons to consider a Supplemental Claim within the one-year continuous prosecution window.
A Supplemental Claim filed more than one year after the prior decision may still succeed, but the effective date generally becomes the date the Supplemental Claim was received, not the original date. The VA appeal path selector walks through how Supplemental Claims, Higher-Level Reviews, and Board appeals fit together under the Appeals Modernization Act.
Increase claims and the “factually ascertainable” rule
When a service-connected condition gets worse, a veteran can file a claim for an increased rating. Under [src] 38 CFR § 3.400(o), the effective date for an increase is generally the date VA receives the increase claim — or up to one year earlier if the medical record contains evidence that entitlement to the higher rating was already factually ascertainable during that earlier period.
This “factually ascertainable” rule means VA may look back through treatment notes, imaging, and exam findings dated up to one year before the claim. If those records show the condition met a higher rating threshold during that time, the effective date can be set to the earliest date the increase was clearly documented. Practical implication: keeping treatment current and ensuring symptoms are documented in the record can affect both whether the increase is granted and how far back compensation may start.
Why the effective date matters: retroactive pay
Every month between the effective date and the date VA issues the decision (or the date a higher rating takes effect) becomes retroactive pay. VA generally issues retroactive amounts in a single lump sum after the rating decision. A claim with an effective date 14 months before the decision generates roughly 14 months of back pay at the monthly compensation rate for the assigned rating and dependent status; the same claim with an effective date 2 months before the decision generates only 2 months of back pay.
This is why filing timing — an Intent to File during evidence gathering, filing within one year of discharge, filing a Supplemental Claim within one year of a prior denial — can materially change the size of the eventual lump sum, even when the medical outcome is identical. Our retroactive pay estimator turns an estimated effective date and a rating into a back-pay range, and the Intent to File checker walks through whether an ITF may apply to your situation. The current VA disability compensation rates show what each rating may pay in monthly compensation.
What this page is and is not
This is a CVSO-style explainer of the rules VA applies when setting an effective date. It is not legal advice, and Veterans Benefits Navigator is not accredited by the VA to file claims or represent veterans [src] (38 U.S.C. § 5904). Actual effective dates are decided by VA based on the full record. Filing decisions are best made with a VSO, County Veterans Service Officer (CVSO), or VA-accredited attorney who can review the specific facts and sign correspondence on your behalf.