Contents
- (a) 2 changes
- (b) 5 changes
- (c) The effective date of an award of disability compensation…2 changes
- (d) The effective date of an award of death compensation, depe…3 changes
- (e) 3 changes
- (f) An award of additional compensation on account of dependen…1 change
- (g) Subject to the provisions of section 5101 of this title, w…1 change
- (h) Where an award of pension has been deferred or pension has…
- (i) Whenever any disallowed claim is readjudicated and thereaf…1 change
- (j) Where a report or a finding of death of any person in the…3 changes
- (k) The effective date of the award of benefits to a surviving…1 change
- (l) The effective date of an award of benefits to a surviving…1 change
- (n) The effective date of the award of any benefit or any incr…2 changes
- [(m) Repealed. Pub. L. 103–446, title XII, § 1201(i)(8), Nov. 2…2 changes
(b)
(1)The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.
(2)
(A)The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application.
(B)For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation.
(C)This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act.
(3)The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.
(4)
(A)The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran.
(B)A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.
United States Government work; public domain under 17 U.S.C. § 105.