You filed your military sexual trauma (MST) claim months ago, but the U.S. Department of Veterans Affairs (VA) assigned an effective date that seems much too recent. Your effective date is no small issue: this timing decision directly impacts your retroactive payment amount. An incorrect effective date could potentially cost you thousands of dollars in back benefits you rightfully deserve.
Unfortunately, this issue is all too common in MST-related claims. Veterans often face delays in recognizing the connection between their trauma and later physical or mental health conditions. Additionally, bureaucratic missteps or insufficient documentation can cause the VA to assign the wrong effective date, severely limiting the compensation you’re owed for years—or even decades—of suffering.
At The Law Office of Sean Kendall in Boulder, Colorado, Veterans attorney Sean Kendall and his associates understand the importance of securing the earliest possible effective date for MST claims. With decades of experience representing Veterans nationwide, our legal team helps clients correct inaccurate effective dates and maximize their retroactive benefits.
We’ve helped numerous Veterans who were initially awarded compensation starting years after their conditions began. By investigating the full history of their claims, medical records, and interactions with the VA, we’ve successfully recovered hundreds of thousands of dollars in back pay for our clients.
Here’s what you should know about MST effective date claims and how our team works to help you secure the earliest date possible.
Table of Contents
What Are MST Effective Date Rules?
The effective date the VA assigns determines when your benefits begin and how much retroactive compensation you receive. In general VA disability claims, the effective date is usually either the date the VA receives your claim or the date your entitlement to benefits arose, whichever is later.
However, MST claims present special circumstances. Due to the sensitive nature of these cases, many Veterans delay formal filing for years. Others may have sought treatment or reached out to the VA long before officially submitting a disability claim. Early interactions can be critical for pushing the effective date back to when your struggle truly began.
Why the Effective Date Matters to Your MST Claim
A correctly assigned effective date isn’t just a matter of principle. It directly affects your finances. For example:
- If your claim is approved at a 70% disability rating and the VA assigns an effective date one year too late, you could lose over $20,000 in retroactive compensation.
- Delays spanning several years can cost Veterans $50,000 or more in back pay they were otherwise entitled to receive.
These aren’t isolated cases. Many Veterans who file MST claims face these kinds of losses because the VA assigns their effective date solely based on their formal claim filing without considering earlier evidence.
Strategies for Establishing the Earliest Effective Date
Veterans don’t have to simply trust that the VA will get their effective date correct. Sean Kendall’s legal team frequently recommends the following steps to ensure the VA considers all relevant information when establishing the effective date for your MST claim.
Document Initial Informal Claims
Before 2015, VA regulations allowed for informal claims and considered any written communication indicating an intent to apply for benefits. Even now, Veterans can use medical records, VA visit summaries, or statements made during VA evaluations to show early intent. They include:
- Phone calls to VA crisis lines or MST coordinators about trauma-related symptoms
- Mental health evaluations at VA clinics mentioning sexual trauma during service
- Veterans Health Administration notes referencing symptoms such as nightmares, flashbacks, or anxiety linked to military service
- Buddy statements confirming early attempts to seek support
All may help demonstrate that you initiated the claims process earlier than the VA recognized.
Leverage Past Mental Health Treatment
MST-related conditions such as post-traumatic stress disorder, depression, and anxiety often show up in a Veteran's medical history years before a disability claim is filed. You may have received treatment from VA clinicians or private providers, but never connected that care with potential VA compensation. In such cases, linking your past diagnoses to service-connected trauma through medical nexus letters or service records can justify an earlier effective date.
At The Law Office of Sean Kendall, we frequently obtain old mental health treatment records, therapists’ statements, and VA mental health notes to build a strong timeline of a Veteran's suffering. These records often form the backbone of appeals that successfully adjust the effective date.
File an Intent to File (IFT) Form
The Intent to File option is a valuable tool for MST survivors. It lets Veterans reserve a filing date up to 12 months before they submit a completed disability claim.
This grace period gives you time to gather the necessary records and evidence without sacrificing retroactive benefits. While this process helps new claimants going forward, it also demonstrates the importance of reviewing your previous claim history. Many Veterans file ITFs but don’t realize they aren’t linked to their MST-related claim.
Common Effective Date Challenges in MST Cases
Securing an appropriate effective date can be one of the most challenging parts of navigating the VA claims process for military sexual trauma. Despite your best efforts, numerous obstacles may prevent the VA from recognizing when a condition truly began. From delayed reporting due to the trauma’s emotional toll to insufficient claim development and VA administration errors, these challenges significantly impact the outcome of your case. Understanding these pitfalls is the first step toward correcting them and obtaining the full compensation you’ve earned.
Delayed Onset and Reporting
It’s common for survivors to delay seeking help due to shame, fear, or the stigma surrounding sexual assault. Many aren’t emotionally prepared to come forward until years after discharge. This doesn’t mean that they didn’t experience trauma or weren’t suffering in the interim.
The VA is supposed to consider the full context of the Veteran's experience. However, unless earlier interactions are explicitly tied to MST-related conditions, those initial efforts might be overlooked.
Poor Claim Development
Some Veterans file claims without assistance, unaware that their past medical records or VA appointments could support an earlier effective date. Without documentation, the VA defaults to the claim’s received date.
Working with an experienced attorney helps prevent these oversights. The Law Office of Sean Kendall’s seasoned legal team often uncovers critical evidence in overlooked progress notes, old VA emails, or misfiled claim documents.
VA Evidence Interpretation Errors
Like any government agency, the VA sometimes makes mistakes. We’ve seen multiple cases where a clear informal claim or an IFT form was missed or misinterpreted. Other times, the VA failed to link medical records properly to the MST claim, even when the symptoms and causes were evident.
We challenge these mistakes through Higher-Level Reviews, supplemental claims, or the Board of Veterans’ Appeals process. Having legal partners who are familiar with VA regulations dramatically increases your chances of success.
How Do Our Veterans’ MST Attorneys Correct Your Claim and Maximize Retroactive Benefits?
When your effective date is wrong, you’re not just missing out on money—you're being denied recognition for the full extent of your service-related suffering.
A properly supported appeal can lead to substantial back pay. For example:
- A 100% rated Veteran with a corrected effective date two years earlier could receive $70,000 or more in additional compensation.
- Even a 50% rating can result in $20,000 to $30,000 in retroactive benefits when dates are corrected.
Sean Kendall, Attorney at Law, specializes in this type of claim correction. We investigate all possible sources of earlier contact with the VA, comb through decades of medical and service records, and craft compelling legal arguments tailored to your individual case.
If you believe the VA assigned the wrong effective date for your MST-related disability claim, don’t wait to secure the help you deserve. Our team fights to ensure that every Veteran receives the full benefits they’ve earned, including the retroactive compensation that reflects the true timeline of their sacrifice.