Can I Get Back Pay For My Veteran’s Disability?

You may have already applied for your VA disability payments. You may already be receiving your benefit payments. But are you getting what you’re entitled to? You might be eligible for back pay.

Can I Get Back Pay For My Veteran’s Disability?

Disability benefits are paid from the date of application. But because it takes a long time to receive benefits, the VA begins benefit payments from the date of application. Since it takes so long before monthly benefits start, accumulated benefit amounts from the waiting period are usually paid in one lump sum. The VA even calls it “back pay.” You may receive a substantial amount of money at one time as a result of your waiting period.

Establishing The Service Connection

Injuries and illnesses that are deemed “service connected” are eligible for VA disability benefits. This includes a pre-existing condition that was exacerbated by your military service.

To be eligible, you must have served in the US military, active or inactive duty for training, received a discharge that was not dishonorable and incurred a disease or injury while in or was aggravated by your military service.

You’ll not only need medical evidence of the service connection (records, etc.), you’ll need evidence to show the relationship between your military service and your illness or injury.

The VA also presumes that certain veterans have a “presumptive disability” by nature of their service record, even if there is no direct evidence of a service connection.

Application Date

It’s important to note that when you apply directly relates to when your benefits start, and when you’ll receive back pay.

Ideally, you should submit your application within one year of your discharge from the military so that your application date is the same as your date of separation.

If you apply one year or more after your date of separation (even one day), the application date is the first day of the month after the VA receives your claim. Most veterans are not aware of this and have the potential to lose a year’s worth of benefit payments.

If your “effective date” is incorrect, the VA may owe you back pay. Many veterans and their families have been given incorrect application and effective dates, and don’t realize they could be owed money.

Re-opening Your Claim

If your original claim was denied, but you have new evidence to support your claim, this could lead to “back pay” when the claim is finally processed. If a medical condition is not noted in your service record, but a later medical exam offers evidence that it was, your claim may be re-opened and re-evaluated. Back pay would result from the original application date to current day.

Pre-Discharge Claims

If you’re now on active duty or in the National Guard and have a discharge date, the VA suggests applying within the period 180 to 90 days before you leave. Formally known as “Benefits Delivery At Discharge,” your claim can be processed much faster, and all medical records can be expedited. Should you be found to be medically unfit for duty, you’ll be given a proposed VA disability rating and a separation date. Use these to file your pre-discharge claim, and avoid losing any time or benefit money.

Are You Owed VA Back Pay?

If you believe the VA has underpaid you, unfairly denied your claim or you need help filing an appeal, The Herren Law Firm is ready to help. We’ve helped over 4,000 Houstonians get the veteran’s benefits they deserve, Call us at (713) 682-8194 or (800) 529-7707 for a free consultation for help with a VA claim. Our contingency fee arrangement means you won’t owe us anything unless we win your case.

How To Increase Veterans Disability Compensation

Getting your veteran’s disability started is difficult enough. What if the VA didn’t rate you properly for your disability? Can you get a “raise” if you service-related condition causes your health to deteriorate? Here, we’ll discuss the how you can increase your Veterans disability compensation and guide you through the process.

How To Increase Veterans Disability Compensation

What Is Veteran’s Disability Compensation?

If you have a medical condition that developed or was aggravated during military service that causes you to become disabled, the VA will evaluate your medical records to determine the severity of your injuries, disability and economic impact. Disability ratings are given in 10% increments, up to 100%. “Disability” is your inability to work, and how much based on the VA’s own Schedule of Ratings.

Why Ask For A Review?

If your original condition was not rated correctly the first time, or your service-related condition has worsened (such as bone degeneration) it may be time for a review. If you are experiencing increasing pain, or need additional treatment for your condition, a re-rating may give you additional compensation and possibly increased medical care.

Determine Your Current Disability Rating

First, find all the correspondence from the VA regarding your disability case. Locate every letter, file, form, and anything you’ve received about your case, no matter how far back it goes. Make sure you know what your current disability rating is before you proceed.

You can also check your current rating at the VA’s online eBenefits site. Don’t guess at what your rating might be. Find out for sure first.

Using the VA’s own Schedule For Rating Disabilities, compare your current rating to the current standards. Consult with your doctor (VA or private) to determine if  and how your condition has progressed, and your chances of a successful update.

You may find that you are getting the maximum available for your current disability rating. Note that getting a rating increase will only occur for an increase in disability, not an need for increased compensation.

Medical Records

Increasing your rate will require you to backup your request with medical records to substantiate your claim. You’ll need to supply the name and address of the VA facility that has your medical records (including military.) Don’t rely on the VA to find your civilian medical records, so make sure you assemble them to support your case. You’ll need to file this form to authorize your physician to speak with the VA.

Consider obtaining an independent medical opinion/exam before you file your claim. Find a physician who specializes in disability medicine, and can offer independent evidence to support your claim.

Filing

Once you’ve assembled your necessary documentation, it’s time to file. You can go online and use the VA’s form 21-526 EZ, or get help in person from a VA regional office, state or county veterans affairs office, or from an accredited veterans assistance organization.

Caveat (Warning)

Requesting a rating increase will cause the VA to reopen and re-review your entire case. They may uncover an error in the original finding, or find evidence of improvement and re-rate you at a lower rating and/or amount, decreasing your compensation. Make sure you have more than enough evidence to support your request of a higher re-rating to avoid the surprise of a reduction.

What Happens If The VA Denies Or Reduces Your Claim?

You have the right to appeal the VA’s decision. If your claim is denied, it may be time to call Herren Law for help.

We Can Represent You

Herren Law has helped over 4,000 Houstonians get the disability and veteran’s benefits they deserve, and we’ll be happy to help you. Call us at (713) 682-8194 or (800) 529-7707 for a free consultation. We’ll talk with you about your case and let you know how we can help. Our contingency fee arrangement means you won’t owe us anything unless we win your case. You don’t.