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.
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.
