Effective Dates and the PACT Act | VA Compensation

In this video, we talk about the effective dates under the PACT Act. The effective date is important because it determines when the VA should have started paying the Veteran benefits....which means how much retroactive or backpay the Veteran should receive.

Generally, the effective date is the date the Veteran filed for disability or when the condition arose, whichever is later. There are exceptions to this rule, such as when a Veteran applies for a VA disability within one year of leaving active duty, or if they file an intent to file and file the claim within a year. Continuous pursuit of a claim is another way to preserve the effective date.

Additionally, the video discusses the PACT Act, which added several conditions to the presumptive list for burn pit exposure and Agent Orange. If a veteran's claim for a presumptive condition has been continuously pursued and is eventually granted, the effective date will now be the date of the change in the law, which is August 10, 2022. This may result in veterans pursuing a claim for a presumptive condition for years not receiving the same retroactive benefits they would have received under the old law.

My name is Andy Gross, the founder and managing attorney at the Law Office of Andrew P. Gross. I am an experienced litigator and advocate with over a decade of experience. As a veteran myself, I served as a Judge Advocate in the United States Army, and have dedicated myself and my career to serving the needs of others. I started my firm to serve those injured by the negligence of others, along with Veterans seeking the benefits they earned through their own service.

DISCLAIMER: This video is not legal advice and is for educational purposes only. Individual cases will vary.

All content copyright © 2023 The Law Office of Andrew P. Gross

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