VA effective dates explained

Quick answer: Under 38 CFR 3.400, the effective date is generally the later of the date VA received the claim (or intent to file) and the date entitlement arose. Exceptions can push it earlier: claims filed within 1 year of discharge can go back to the day after separation, and an Intent to File preserves its date for up to a year.

Sources checked October 5, 2026. Independent guide, not affiliated with VA. Not legal advice.

The general rule: the later of two dates

38 CFR 3.400 sets the framework. For most claims, the effective date is the later of:

1. The date VA received the claim (or the Intent to File date, if one was filed first), and
2. The date entitlement arose (the date the facts show the veteran met the requirements).

The word later is the trap. Candidates instinctively pick the earlier date because it feels more generous. The regulation says later. If entitlement arose in January but the claim arrived in June, the effective date is June. If the claim arrived in January but entitlement did not arise until June, the effective date is June.

The big exceptions

• Direct service connection within 1 year of discharge (3.400(b)(2)): file within a year of separation and the effective date can be the day after discharge. This is the most generous exception and one of the most tested rules.
• Intent to File (3.155): a complete claim filed within 1 year of the intent gets the intent date as its effective date. The intent itself is free and takes minutes on VA.gov.
• Increases (3.400(o)): the effective date is the date of the increase claim, or the date entitlement to the increase arose, whichever is later, with special rules for when the increase was factually ascertainable within the year before the claim.
• New and material evidence / supplemental claims: a grant based on new evidence generally keeps the effective date of the original claim, which is why the lane you choose matters.
• Clear and unmistakable error (CUE): a successful CUE claim gets the effective date the original decision would have had.

Why the exam loves this topic

Effective-date questions are perfect exam material because they combine a general rule, memorable exceptions, and date arithmetic. The test writers love giving you a discharge date, a claim date, and an entitlement date, then asking which controls. The candidates who miss these questions are the ones who memorized the general rule but not the exceptions, or who pick "earlier" when the rule says "later."

Drill this topic in our sample questions and the full 800-question bank, and see 38 CFR Part 3 study guide for the surrounding material.