In the course of applying for VA disability benefits, the issue of “back pay” may be part of the discussion. Maybe you know someone who received it, or you may discuss it with a VSO or disability attorney. Receiving back pay—and how much you receive—will depend on the date of your application, and when you begin receiving benefits.
The Effective Date
The VA defines this as the later of two dates:
- The date of your claim filing
- The date that your disability reveals or escalates
Most claims use the date you filed your claim. The second date is usually when a veteran files for an increase in ratings. In that case, the effective date is then the date when the disability escalates, not the original date of the claim filing.
There are occasions when an effective date may be earlier, but not much. They are:
- Recently discharged veterans, depending on the date of discharge and the date the disability either manifests or escalates
- Claims for an increased rating
- Agent Orange Exposure claims, since there are special rules that apply because Agent Orange exposure is a presumptive service-connected condition.
Once these dates are established, the VA begins the claims process.
When Disability Back Pay Is Awarded
Because the VA is notorious for taking years to award benefits in some cases, the agency awards a lump sum of “back pay,” and you’ll receive monthly benefit thereafter.
Back pay is the collective amount of the payments you would have received if you were awarded benefits immediately.
For instance: you applied for VA disability benefits on January 1, 2015, but didn’t begin receiving monthly benefit payments until January 1, 2019. This means that although you begin receiving payments on January 1, 2019, you’re also entitled to benefits during the period where you waited for the VA to begin disbursement. Therefore, back pay would be the four-year sum of your monthly benefits from January 1, 2015 through December 1, 2018 until your regular monthly benefit payments begin on January 1, 2019.
It’s also possible that you could receive back pay when you’ve appealed a decision and the VA subsequently rules in your favor. Back pay may also be awarded if your condition worsens and the VA increases your monthly benefit payments. You’ll also receive a lump sum of the increased amount after the new ruling, based on the date your condition escalates.
A Claim Must Be In Writing
It may sound a little odd to mention, but some veterans may believe they’ve filed a claim because they’ve discussed it with a VSO or an adjudicator. All claims must be submitted in writing, and you don’t have a claim until you do. The VA does not do a good job of notifying veterans that they may have a claim. The effective date of your award is always on, and not earlier, than the date of your written claim.
Don’t Re-Apply After Denial—Get Help With Your Appeal ASAP
What some veterans do after they are denied benefits is to re-apply all over again. Don’t do that—you could lose thousands of dollars you’re actually entitled to. The VA works on the effective date, or the date that they receive your application. If you start over with a new application, the effective date, and could reduce or eliminate any back pay you could have received.
If your application is denied, it’s important to step up your game and get help with your appeal immediately. Whether you applied before your discharge date, within a year of discharge, or when you first began to need benefits, starting over with a new application wipes out your original application and starts the process over.
Using the previous example—if you applied on January 1, 2015 and your claim is denied, through the eventual appeal, you might receive a four-year sum of back pay.
But if you re-apply on January 2016 and are eventually approved, you would lose an entire year of back pay.
Getting help from a disability law attorney will help you navigate the appeals process and increase your chances of getting the benefits you need and deserve.
We Help Houston Veterans
Getting VA disability benefits is a long, arduous process that takes patience as well as understanding the law. William Herren is a disability attorney who has helped more than 4,000 Houstonians get the benefits they deserve, including veterans. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You don’t owe a fee until we win your case.
