The Intent to File — Your Most Important Action
How Effective Dates Are Set
General Rule: Date of Claim
For most claims, the effective date is the date you filed your Intent to File or full claim — whichever is earlier. All compensation back to that date is paid as a lump sum when the VA approves your claim.
Day After Discharge Rule
If you file within 1 year of separation from active duty, your effective date may be the day after discharge — maximizing back pay from the moment you left service. This is a critical window for newly separated veterans.
Date Entitlement Arose
For some claims — particularly for conditions that became service-connected based on a change in law or regulation — the effective date can go back to when the entitlement first arose, even before you filed. PACT Act presumptives and VA policy changes can trigger earlier effective dates.
One Year from Hospital Discharge
If you were hospitalized in a VA or VA-contract facility and the claim arises from that treatment, the effective date can be the date of hospital admission.
Clear and Unmistakable Error (CUE)
Frequently Asked Questions
What is an Intent to File and how do I submit one?
An Intent to File (VA Form 21-0966) is a declaration that you intend to file a claim within the next year. Submit it online at va.gov, by calling 1-800-827-1000, or by visiting a VA regional office. It takes about 5 minutes and protects your effective date for 365 days from submission.
How much back pay can I expect?
Back pay is calculated from your effective date through the first payment. For a 100% rating, each month of back pay is worth $3,938.58. If your effective date is 2 years in the past, that's approximately $94,526 paid as a lump sum when approved. Back pay is tax-free.
What happens to my effective date if I appeal?
If you appeal within 1 year of the VA decision, your original effective date is preserved throughout the appeal. Win the appeal, and back pay goes back to your original claim date. Miss the 1-year window and file a new Supplemental Claim, and your effective date resets to the new filing date.
Can conditions that get new presumptive status get an earlier effective date?
Yes — under certain laws (including the PACT Act), veterans with previously denied claims for newly presumptive conditions may receive an effective date back to the original denial date, or the date they first sought treatment, without refiling. The VA has been proactively reviewing older denied claims under the PACT Act.