VA Disability Back Pay
Introduction to VA Back Pay
Many veterans struggling with a service connected disability are eligible for back pay or retroactive benefits for their VA disability compensation disability claims.
VA back pay refers to the payment of benefits that were not paid during the time between actual eligibility and when the benefits were approved. The amount of back pay is in part, determined by the effective date of the claim for a service connected condition, making timely filing essential to ensure veterans receive all the benefits to which they are entitled.
Back pay is an important element of VA disability compensation. This ensures that veterans receive the benefits they are entitled to beginning with the time they were eligible, as opposed to just the time their claims were approved. Various factors can delay the payment of veterans benefits, such as missing documentation, incorrect or incomplete medical evidence, or claims involving dependent benefits. In the case of appealing denied claims, it could be years before a veteran receives disability benefits.
Understanding VA Back Pay eligibility is important for veterans who suffer from service-connected injuries or medical conditions.
Effective dates for disability claims
The effective date is the date when you are eligible to begin receiving VA disability benefits. On this date, your benefits will begin to accrue. For most VA disability claims, the effective date is the date the VA receives the claim. However, there are exceptions that can allow for earlier effective dates. In cases where veteran file a claim within one year of discharge, the effective date may be the date of discharge. This is important because the effective date will occur before the date that the VA receives the disability claim.
Retroactive pay
In cases where you successfully claim an earlier effective date for your benefits than originally determined by the VA, you can receive a retroactive payment to include the pay covering the time period from earlier effective date through the original effective date.
Intent to File
Submitting an Intent to File (ITF), VA Form 21-0966, helps to establish the earliest possible effective date for a VA benefits claim. When this is done, the veteran applying for benefits has one year to complete the application, which involves gathering medical records and filling out the correct forms.
It is always recommended that you apply for your VA benefits or an Intent to File (ITF) as soon as possible. This can be especially significant if you are within one year of your discharge date since applications for veterans benefits submitted within one year of your discharge date are dated to your actual date of discharge. Applications submitted after one year of discharge are typically considered eligible on the first day of the month following the submission of the application. Completing the ITF and submitting the full claim within the 365-day deadline are important factors for maximizing backdated benefits.
Calculating back pay
The amount of VA Back Pay can vary and may cover several months or even years of unpaid benefits. Veterans who are eligible for VA Back Pay usually receive a lump sum payment but in some cases, the payments might be paid out as monthly benefits.
The VA determines the effective date of the claim along with the disability rating and the number of dependents to calculate the monthly payment. The back pay amount is then paid out in a lump sum according to the monthly payment for the time spanning the effective date of the claim and the date when benefits are approved.
In general, the longer it takes the VA to approve your claim, the higher the amount of back pay you will receive. This can especially be true if your initial claim was denied and you had to go through one or more levels of appeal before your VA disability benefits were granted.
Total disability individual unemployability.
If you applied for individual unemployability after your initial approval for your VA disability claim, you may be able to receive additional back pay for the time you were not receiving it, in some cases, dating back to your initial claim.
Appeals, reopened claims, and increased rating claims
If a veteran’s claim is denied, they can appeal the decision or attempt to reopen their claim with new evidence. If a veteran files an appeal within one year of the original decision, the effective date may be the date of the original claim. In some cases, the effective date of an appeal or reopened claim can sometimes be earlier than the effective date of the original claim. Successfully reopened claims can sometimes lead to an increased rating and retroactive benefits.
The Pact Act for Agent Orange and burn pit exposure
Passed in 2022, the PACT Act allows veterans to reopen their claims that were previously denied for exposure to toxins. In some of these cases, they can receive an increase in their VA rating and receive retroactive benefits for certain conditions related to exposure to burn bits, Agent Orange, and other toxic substances.
Maximize your VA disability compensation, including back pay, with a veterans disability attorney.
Back Pay is not automatic and veterans must apply for it separately. Seeking back pay or retroactive benefits can be a complicated process, in an already complicated application and appeals process for receiving VA benefits.
Friedman Law Firm works with veterans who were denied benefits, who are seeking an increase VA rating, or considering applying for TDIU. Contact us today with any questions you may have. The back pay can include additional compensation for dependents if they are properly added to the claim.