Ive Heard That State Laws Do Not Take Precedence Over Federal Law That Means That My Va Benefits Are Immune From Any Consideration Or Garnishment In Domestic Court Right
While part of the statement is correct that state laws are subordinate to federal laws the rest of the statement could be called urban legend. Its just not so. In general, all sources of income must be considered by the court in determining support, whether the income is taxable or tax-free, whether the source is wages, rents, royalties, VA benefits, military retired pay, Combat-Related Special Compensation, Social Security Disability payments or even an inheritance from your Uncle Louie! And the provisions of Title 38 make it clear that Congress intended that VA benefits may be considered as a source of income for support purposes. Not only are there graduated benefit schedules, based on how many dependents a veteran has, but there is an apportionment procedure to use when a veteran is not discharging his or her responsibility for support. The apportionment procedures are found at 38 U.S.C. § 5307.
C& p Exams And Staged Ratings
Additional back pay may be rewarded to a veteran who can prove a condition is worsening over time. A compensation and pension examination can determine whether a veterans condition has improved or worsened. If an exam shows a worsening disability, the effective date for additional back pay is the date on which medical evidence first shows the worsening condition. Veterans with open appeals, which may take a long time to close, can be assigned a staged rating, which tracks the severity of the disability over time to assist in calculating back pay. Since the disability may continue to get worse, its vital to continue documenting its progress to make a claim for additional, adjusted back pay over the years.
Va Disability Back Pay: Retroactive Benefits & Va Back Pay Timeline
Veterans who are injured or disabled during military service are entitled to financial compensation from the U.S. Department of Veterans Affairs . To earn these benefits, veterans must file a claim detailing the severity of their injury and the in-service event that caused it.
Although veterans can submit a claim soon after their service, they may not receive any benefits until VA finishes processing their decision. Veterans will receive VA disability back pay for the time between their initial claim and VAs first payout.
Read Also: How Much Does Disability Pay In Ca
How Much Disability Back Pay Do You Get
The amount of back pay that you get depends on three things: when you filed your disability claim, when your disability began , and how long it takes to get approved. Back pay is simply what Social Security owes you by the time you finally get your benefits. Unfortunately for most people, claims usually take a long time.
It is not unusual for a claim to take over a year. And if a disability hearing is needed, it can take over two to three years. Fortunately, for those who receive a disability award, there may be substantial back pay. Amounts in the tens of thousands of dollars are not unusual.
Tips For Getting As Much Disability Back Pay As Possible
1. The amount of back pay that you receive will depend on when you file your disability application. For this reason, if you are procrastinating about filing, stop procrastinating and get your claim filed. The sooner you file, the sooner you can get your monthly benefits and back pay.
2. How far back your disability began will have an effect on how much back pay you can receive. For this reason, supply full and complete information about your medical records, including older medical records as well as current medical records. Also, supply detailed information about your work history. If you have a disability representative or an attorney, this individual will try to argue that you either meet a disability listing, or qualify for disability through a medical vocational allowance, which is a way of saying that you cannot go back to your past work and cannot switch to some form of other work.
3. Your back pay is affected by when you applied for SSD or SSI. But it is really determined by what is known as your onset date , which is based on your medical records. The onset date of disability can be argued by your social security attorney at a hearing before an administative law judge.
Note: If you have to go to a hearing, do not do this by yourself. Hearings take a long time to get to and you do not want to waste this opportunity to win your case. If you have a hearing, make sure you have a lawyer.
Recommended Reading: 504 Plan For Allergies
Does The Va Investigate Disability Claims
After you are awarded disability compensation benefits, the VA will evaluate whether your disability is such that you ought to be scheduled for a future reexamination to determine if your benefits need to be adjusted. Types of disabilities subject to reexamination are those that can be expected to improve over time.
Im Afraid That The Judge Will Tell Me That The Court Cannot Go Directly To The Va And Attach To A Veterans Disability Compensation Wont The Judge Say That The Va Cannot Give It To Anyone But The Disabled Veteran Who Earned The Benefit In The First Place
It looks like some more myths have been making the rounds! A court can go directly to the VA to attach a veterans disability compensation. This happens all the time when a good lawyer representing the support recipient reads the U.S. Code specifically 42 U.S. Code 659, which allows this procedure because the individual has waived military retired pay to obtain VA benefits. The VA will give it to anyone to whom the court awards this money when these circumstances are present.
Determining Your Disability Effective Date
Your disability effective date establishes your entitlement to VA disability back pay. It considers these factors:
- The date you initiated your claim
- The date of your entitlement
Of course, its not exactly that simple. Other factors can change your effective date:
- Does your injury have a presumptive service connection?
- Is it a reopened claim?
- Did the VA commit an error in making the original decision?
The VA Disability Compensation Effective Dates page has additional information.
Make Sure You Get All The Va Benefits You Are Entitled To
We are knowledgeable in all aspects of the Veterans Administration claims process. Our attorneys take care to provide the medical evidence and administrative details that are critical to getting a VA claim approved.
We know the VA claims process can be frustrating. Were here to help. Contact the VA disability benefits attorneys at Marc Whitehead & Associates to schedule a free consultation to discuss your situation. Call us today at
About Marc Whitehead
Don’t Miss: Va Disability For Foot Pain
The Amount Of Va Back Pay Compensation Will Vary
VA back pay does not come in a fixed amount. The VA assigned percentage of your disability plays a major role in determining how much pay you will get whether rated as back pay or not.
The effective date of your claim also plays a role, and there may be cost of living adjustments that are made to the amount which potentially increases the total.
Are Activist State Judges Forcing Many Disabled Veterans Going Through A Divorce To Use Their Veterans Disability Compensation To Pay Alimony Or Else Face Contempt Charges And Jail If They Refuse
The summary of Rose v. Rose above is one illustration of how a veteran tried to get out of paying child support and found that every court which reviewed his case upheld the trial judges decision that he must support his family and obey the courts order, even though his only income was his VA payments. The same principle applies to alimony. There is no justification in disobeying a judge whose ruling is based on the well-recognized decision of the U.S. Supreme Court. If you refuse to pay as the judge ordered, youll very likely be punished by the court and that is the way it should be for those who violate the law or disobey court orders.
Theres no way that any reasonable person would consider the U.S. Supreme Court to be composed of activist judges. As to state courts well, lets take a look
The states are virtually unanimous in their rulings on this. Its a real stretcher to say that all of these courts are all packed with activist judges.
What Do I Need To Know About The Va And Social Security Programs
Both Social Security and VA pay disability benefits. However, their programs, processes, and criteria for receiving benefits are very different.
A VA compensation rating of 100% Permanent and Total does not guarantee that you will receive Social Security disability benefits. To be approved for Social Security benefits, you must meet Social Securitys definition of âdisability.â To be found disabled:
- You must be unable to do substantial work because of your medical condition and
- Your medical condition must have lasted, or be expected to last, at least one year or to result in death.
If you receive VA compensation, this will not affect your Social Security benefits.
How Berry Law Firm Can Help
Do you think that you could be owed disability back pay from the VA? Make sure that you contact Berry Law Firm without delay.
Our team was helping Veterans fight for their disability compensation on a pro bono basis before the laws changed. We understand how important they can be to a Veteran because we are a team of Veterans.
Founder John S. Berry, Sr. served as a Field Force Military Captain for the Judge Advocate Generals Corps in the Vietnam War and was a Bronze Star recipient.
CEO and attorney John S. Berry, Jr. was deployed to Bosnia for Operation Joint Forge as a platoon leader and served as a Company Commander in Iraq during Operation Iraqi Freedom.
Our firm features employees from all 4 branches of the military, and we are committed to helping Veterans facing legal battles. Contact our team today to schedule a free case evaluation.
The attorneys at Berry Law Firm are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals.
Recommended Reading: Universal Studios Guest Assistance Pass
Va Disability Back Pay: Do You Qualify And How Does It Work
If you sustained a military-related injury or sickness, the Department of Veterans Affairs may approve you for disability pay and other benefits. The process takes time, but you may also qualify for back pay after they approve your claim. The VA calculates VA disability back pay based on your disability effective date, not on your application or approval date. You may also receive back pay if the VA approves your previously denied claim after a review or an appeal.
Veterans disability payments are tax-free and follow statutory guidelines established under Title 38 Chapter 1, Part 4 of the U.S. Federal Code. Disability pay isnt an automatic entitlement. You must navigate the VA claim process and wait for a decision. If you are currently on active duty, you may submit a Pre-Discharge Claim which should speed up the process. Otherwise, you must follow VAs submission procedure for Standard claims.
What Is My Date Of Eligibility
If you are submitting your claim within 1 year of your discharge date, then your date of eligibility is the same as your discharge date. If you submitted after the one-year mark, then your date of eligibility is usually the first day of the month after your claim is submitted. It is usually the same as the effective date of your condition ratings that can be found on your Rating Decision.
Recommended Reading: Guard Retirement Pay Calculator
The Vas Disability Claim Process
The VAs disability claims process is similar to an insurance claim investigation. Its a comprehensive procedure so it usually takes time to accomplish. You initiate the process by submitting an application. You may file your application online or visit a local VA office. You may also download VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, and mail it in.
After you submit your claim, you must wait for VA to work through these steps:
- Receive your claim
- Request evidence
When the VA receives the information they need, they conduct a final review, decide your eligibility, and send you a notification packet. If you qualify for benefits, they also assign a disability effective date.
Is Va Disability Pay Retroactive
To compensate for the months or years veterans must go without compensation, the VA grants retroactive awards. Generally, you are eligible for back pay from the first day of the month following your effective date for benefits. In most cases, your effective date is when the VA received your disability application.
Read Also: Adhd Retardation
What Are Retroactive/back Benefits
Back pay or what the VA calls retroactive benefits is the lump sum payment for benefits which have been accruing since the filing of a granted claim. The retro benefits come in a lump sum paid all at once after the grant of benefits. All other benefits awarded in connection with the claim are referred to as future benefits, paid in monthly installments.
Am I Entitled To Disability Back Pay Veterans
I Am A Disabled Veteran From Nc I Need Help From All Of My Social Media Friends With This
Va Disability Back Pay Calculator Onettechnologiesindia Com
Learn about the va disability compensation effective date, which is the date we receive your claim or the date you were first injured or first fell ill. once we decide your claim, you may qualify to receive disability back pay to the compensation effective date. If veterans were placed on a disability retirement but would be eligible for military retired pay in the absence of the disability, they may be entitled to receive crdp. according to va, veterans may be entitled to crdp if: they are a reserve retiree with 20 qualifying years of service, who have a va disability rating of 50 percent or higher. 60 va disability pay rates. 60 va disability pay. in 2020, a 60 percent va disability rating is worth a minimum of $1,131.68 per month and is tax free at both the state and federal levels. many veterans with an 60% va rating are looking for ways to increase their va rating because of the additional benefits available at the 100% va rating.
When Will I Get My Va Disability Back Pay?
Also Check: Military Retired Pay Calculator 2015
How Far Back Does Va Disability Back Pay Go
This is within the 1-year mark, so his date of eligibility for VA Disability Back Pay is his date of separation. It takes another 9 months before the VAs Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VAs rating decision.
What Is An Effective Date
Your effective date is the date the VA will use to determine when exactly your back pay should start. There are a couple of different ways that the VA can determine your effective date. It can use either the date on which you submitted your VA disability benefits claim, or if your condition developed a long time before, the VA can choose to grant you back pay all the way back to the onset of your medical condition or physical disability.
If you wait to apply for VA disability benefits until a year or more after youve already separated from military service, its highly unlikely that the VA will extend your back pay to the time of your injury or disability onset. And if you apply for your disability benefits within a year of military discharge, the VA generally will only pay back benefits from the time of your discharge date.
The effective date for a disability that was either directly caused or made worse by military service is typically aligned with the later of the following choices: the date the VA received your claim or the date of onset of the injury or medical condition. In most cases, if the VA believes, based on the information presented in your claim, that your disabling condition is related to your military service this is known as presumptive service connection. The VA will consider your effective date as the date you received the injury or medical condition, as long as you apply for compensation within one year of being discharged.
Recommended Reading: Getting Disability In Texas
Rating For Multiple Disabilities
When a veteran has more than one disease or disability, the disability ratings are not simply added together Instead, a formula is used to determine the total disability rating level for multiple disabilities. First, the disabilities are ranked from most to least severe. Then, it is determined what percentage of efficiency the veteran retains after the first, most severe disability. For example, if the veteranâs most severe disability is rated at 40%, he is still 60% efficient.
After that, the second most severe disability is considered. That second disability rating is applied to the vetâs remaining efficiency. For example, if the veteran after the first disability has a remaining 60% efficiency, and his second most severe disability has a 20% disability rating, then 20% of the 60% efficiency is calculated Ã¢ in this case, 12%, and that number is added to the original disability rating .
The new disability rating is rounded up or down to the closer 10% increment. In the example above, the 52% rating would be rounded down to a 50% disability rating, and that veteran would be considered 50% disabled.