Monday, March 25, 2024

How Far Back Does Va Disability Back Pay Go

Don't Miss

Va Disability Back Pay

VA Compensation Back Pay: How Far Back Does It Go?

While the VA is an organization that strives to meet the needs of Americas veteran population, it often finds itself buried under a backlog of VA disability benefits applications. That means it may take months, even years, for your VA disability claim to be approved. While you wait, you may accrue several months of back pay that the VA will owe you upon approval of your VA claim.

Its important to understand how the process works and how back pay is calculated so that you can verify the accuracy of all decisions and rulings you receive during the process. Knowing the ins and outs of how back pay is determined can go a long way toward helping you advocate for yourself and ultimately be successful in getting the back pay youre entitled to receive.

How Does The Va Disability Retro Calculator Work

The VA disability retro calculator calculates your retroactive benefits by asking several straightforward questions. Veterans simply type in the answers to get an immediate estimate. The first question asks the veteran to enter the date on which he or she should have gotten a larger disability payment than was received. If there is a stop date to indicate a staged rating, the veteran enters that date in the following field. The VA disability retro calculator then asks the veteran to specify the benefit rate VA should have been paying at that time. Rating percentages, ranging from 0 to 100 in 10 percent increments, are presented in a drop-down list. Next, the calculator asks the veteran to indicate the benefit rate he or she was actually receiving. Answer choices are again presented in the above-mentioned drop-down list format.

The final questions ask about marital status along with the number of dependent parents and children, if any. Once completed, the veteran clicks Submit and the VA disability retro calculator displays an approximate dollar-figure amount he or she is owed in disability back pay.

Does Va Pay Back To Your Effective Date

VA disability back pay is calculated based on the effective date of your VA disability claim. The effective date is usually the date that your VA disability claim was received by VA, but there are some exceptions.

A common misconception is that the VA will grant back pay all the way to the date of your injury or the event to which the disability began. The VA does not consider these dates to be effective dates.

Lets break out the effective date used to calculate your back pay, based on your situation:

Don’t Miss: Do You Get Medicare With Social Security Disability

Is It Possible To Receive Retroactive Benefits For The Time Before Application

Not everyone applies for benefits as soon as they receive their diagnosis. And unfortunately, you likely are not eligible to receive benefits for the time before you submitted your application.

In a few circumstances, though, you can receive retroactive benefits further back than the date of your claim. For instance:

Disability Or Death Due To A Hospital Stay

How Far Back Does Health Insurance Cover

If we get a claim within one year after the date the Veteran suffered an injury, or their existing injury got worse, the effective date is the date the injury happened or when it began to get worse.

If we get a claim within one year of the date of a Veterans death, the effective date is the first day of the month in which the Veteran died.

If we get a claim more than one year after a Veteran suffered an injury, their injury got worse, or they died, the effective date is the date we get the claim.

You May Like: How To Qualify For Disability In Michigan

Can I Get Retroactive Benefits Earlier Than The Effective Date

There is only one type of claim that is eligible to receive retroactive benefits for up to a year before the filing date. A “fully developed claim” for service-connected disability compensation can be eligible for retroactive benefits if it’s the veteran’s first disability claim and the veteran was disabled for a year before applying for disability benefits. Retroactive benefits have been approved only for August 6, 2013 through August 5, 2015, though they could be extended. For more information, see Nolo’s article on fully developed veterans disability claims.

Expedited Claims For Qualified Active

If you have a VA disability compensation rating of 100% Permanent & Total OR if you develop a disability while on active military service on or after October 1, 2001 , you may qualify for expedited claim processing. We usually identify veterans automatically. However, in rare instances, a veteran may need to self-identify and provide the VA notification letter as proof.

Recommended Reading: How To Fix Ptsd Nightmares

You Pay Us Nothing Until We Get Benefits On Your Behalf

You may not be certain if hiring an attorney makes financial sense for you. However, keep in mind that you dont have to pay any upfront fees, hourly rates, or retainers in order to get our legal help.

We work based on contingency fees, which means that we:

  • Only get paid if we win results for you
  • Lower your financial risk of seeking legal help

Contact Tuley Law Office Today

How Far Back Does VA Disability Pay? | Back Pay for VA Disability

At Tuley Law Office, we specialize in veterans disability benefits. If you are a veteran of the United States military and have questions about receiving VA back pay, contact the attorneys at Tuley Law Office today. Applying for benefits and receiving the back pay you deserve can be a challenge, but our experienced legal team can answer questions you may have about the process.

Don’t Miss: Can A Stay At Home Mom Collect Social Security Disability

Effective Date Vs Application Date

If you ultimately receive a grant for veterans disability benefits, you should start receiving your monthly disability check the month following your approval. But what about all the months that elapsed between when you applied and when you received notification of your grant?

The VA considers applicants who have received benefit grants eligible for benefits starting the date the VA received their application. So, in a perfect world, if you mailed your application on January 13th, the VA received it on January 16th, and approved it on January 30th, you would begin receiving benefits in February .

In reality, the VA does not issue a grant or denial right away. Instead, your application enters a queue, and there are often hundreds or even thousands of other applicants ahead of you.

Lets assume the VA does not approve your application, which it received in January, until November of the same year. In this case, you should start receiving regular benefits in December. You would also be eligible for back pay to February, since that is when you would have started receiving benefits had there been no wait.

Ssi/ssdi And Va Disability Benefits

Veterans may be eligible for Supplemental Security Income or Social Security Disability Insurance , in conjunction with, or as an alternative to VA disability payments. They may also use the Medicaid and Medicare health benefits that come with SSI/SSDI to supplement VA health services.

The definition of disability and application process is different for SSA and VA disability benefits, and Veterans may begin receiving SSA benefits while they are waiting on a VA benefit decision.

Recommended Reading: Social Security Office In Longview Tx

Frequently Asked Questions About Individual Unemployability Back Pay

How much Individual Unemployability back pay should I get?

Every veteran is going to be owed a different amount of money for their Individual Unemployability back pay. There is no set standard amount you will receive. You can use our back pay calculator to estimate your amount.

When will I get my Individual Unemployability back pay?

You should receive your Individual Unemployability back pay when the Veterans Administration approves your claim.

How far back should I get my Individual Unemployability back pay?

Every veterans case is different. Your effective date determines how far back your Individual Unemployability back pay should go. Your effective date is usually not the same day you applied for Individual Unemployability benefits.

Should I trust the effective date the VA gives me?

You should always investigate to find out if your effective date was incorrectly assigned and if you should have an earlier effective date.

Talk To Us About Your Individual Unemployability Back Pay For Free

Far from a dusty document

If you cant work from service-connected mental and physical impairments, you might be able to receive Total Disability Individual Unemployability benefits from the Veterans Administration. VA Unemployability benefits for veterans can help get your life back in order if you cant keep or obtain meaningful employment. Veterans who receive accommodations at work may also be eligible to receive Individual Unemployability benefits. Weve helped thousands of veterans get the benefits they earned. Call us today to see if we can help you, too.

Also Check: How Do Disability Lawyers Get Paid

Submitting A Fully Developed Claim

When you submit a Fully Developed Disability claim, it reduces VA processing time. You must mail in your VA Form 21-526EZ with all the available evidence and supporting documents. To use this process you must certify that:

  • The VA needs no additional records to review your claim, and
  • You will submit to a medical exam if necessary.

The VA notifies you if they need any additional information to process your fully developed claim.

Va Supplemental Claim: Timeline Back Pay & Effective Date

The U.S. Department of Veterans Affairs is responsible for handling the disability compensation of former military members. Prior to 2017, if a veteran were unhappy with the amount of compensation they received , they wouldve had to submit an appeal to the Board of Veterans Appeals . Due to the high number of appeals submitted annually, new legislation was designed to streamline the appeals process and relieve pressure on the BVA.

With the full implementation of the Appeals Modernization Act of 2017 , there are now three new va appeal process lanes for challenging a VA disability claim decision:

  • Supplemental Claims
  • Higher-Level Review
  • Go directly to the Board

Also Check: Can Someone On Social Security Disability Buy A House

Va Supplemental Claim Effective Dates And Va Ramp

While AMA was signed in the summer of 2017, it didnt go into effect until early 2019. On April 1st, 2018, a temporary law called the Rapid Appeals Modernization Act allowed veterans to enter the AMA program before its start date. The RAMP VA disability compensation program allowed individuals to opt-in to supplemental claims or HLRs. When AMA began in February of 2019, RAMP was discontinued and all eligible veterans were offered the opportunity to switch into the new AMA system which allows all veterans to take advantage of the quicker appeal lanes.

How Do I Know If My Va Claim Was Approved

VA Disability Back Pay: How far back does the VA pay retroactive pay?

You can check the status of your VA claim, appeal, or decision review on VA.gov. Youll need to sign in first with DS Logon, My HealtheVet, or ID.me. If you dont have any of these accounts, you can get one now. If you need help, please call us at 800-827-1000.

How can I speed up my VA claim?

What Can I Do to Make the VA Disability Process Go Faster?

  • Respond quickly and thoroughly to any requests for documentation.
  • Do not submit incomplete information.
  • Do not submit irrelevant information. All information you submit requires review and possibly an examination which could slow down the process.
  • Recommended Reading: How Do You Treat Someone With Ptsd

    How Long Are Va Claims Taking In 2021

    90 to 120 days2021 Average VA Claim Timelines Your VA disability claim will likely take 90 to 120 days from submission to rating decision although it could take longer if the VA needs to track down important evidence on your behalf.

    How long after VA claim closed will I get paid?

    within 15 daysIf your decision notice shows at least a 10% disability rating, youll get your first payment within 15 days. Well pay you either by direct deposit or check. If you dont get a payment after 15 days, please call the Veterans help line at 800-827-1000, Monday through Friday, 8:00 a.m. to 9:00 p.m. ET.

    Contact A Veterans Benefits Attorney

    You may be entitled to receive VA disability pay and back pay, but the application process is complex and sometimes the regulations change. A VA benefits attorney can assist you at any stage along the way. Attorneys help you prepare and submit your initial application for benefits. They review your medical records and documentation before submission, and they help you comply with VA evidence requests. If the VA previously denied your disability claim, your attorney can help you resubmit your claim for an appeal or a decision review.

    Contact us right away for a free case review.

    You May Like: Social Security Office Cypress Tx

    What Is Ssdi Back Pay

    Social Security Disability Insurance Back Pay refers to benefits that you would have received from the time when you apply for benefits to when your claim is approved, minus a 5 month waiting period. SSDI retroactive back pay can also include compensation for when you were diagnosed with your disability to when you were approved for SSDI. You will receive your accrued Back Pay after you are approved for benefits. Thus, SSDI Back Pay is not one of the signs your disability claim will be approved because it is something you find out about after your claim is approved for disability benefits.

    Since most claims are denied benefits one or more times before the claimant is approved for benefits, the Social Security application process is usually lengthy, and months or years can go by while waiting for approval. Back Pay is just another term for past due benefits that have accrued during the approval process.

    Va Individual Unemployability Back Pay

    unnamed file 5

    Published on by Neil Woods Last Updated on

    This article explains how veterans get their VA Individual Unemployability back pay. It also covers missing back pay, retro pay amounts, and appealing.

    Many veterans end up missing thousands of dollars in back pay. Have questions about how to get your back pay? We can help. We offer free VA claim evaluations to anyone who needs help.

  • Talk to us about your Individual Unemployability back pay for free.
  • Recommended Reading: Can You Get Military Disability For Sleep Apnea

    How Back Pay Works

    Suppose worsening arthritis sidelined you from your job Sept. 15, 2020. You applied Oct. 1 for Social Security Disability Insurance but your claim was denied. You appealed and eventually got a hearing with an administrative law judge.

    Based on new evidence you were able to present at the hearing, the judge ruled in your favor, determining that your disability did indeed begin in September 2020. Based on your earnings history, Social Security calculates that you’re entitled to an SSDI benefit of $1,200 a month. But now it’s January 2022, and you haven’t drawn a paycheck in more than a year.

    That’s where back pay comes in. Fifteen months elapsed from the time you became disabled what the SSA calls your onset date to when your claim was finally approved. By law SSDI benefits have a five-month waiting period they start the sixth full month after the onset date so you’re entitled to 10 months of past-due benefits.

    Social Security typically pays past-due SSDI in a lump sum within 60 days of the claim being approved. If a lawyer or other professional advocate represented you in your disability case, the SSA will pay their fee out of your back pay.

    AARP NEWSLETTERS

    The SSA must approve your fee agreement with a lawyer or advocate in advance, and the fee is generally capped at $6,000 or 25 percent of back pay, whichever is less. In this case, with past-due benefits totaling $12,000, your representative would get up to $3,000 off the top.

    What Is Va Disability Back Pay

    VA disability back pay is any money owed to a veteran once his or her compensation application is approved the allocation of back pay allows the VA to compensate the veteran for all compensation that has accrued since the initial disability claim was submitted. Generally, the longer the VA takes to approve your disability claim, the more back pay it will owe you when you are approved. For some veterans, their resulting back pay ends up being a substantial amount.

    Once your VA disability retroactive pay is calculated, you should receive it all in one lump sum, while all future VA disability compensation will be paid monthly. The VA makes a tremendous effort to ensure that any veteran approved for back pay receives it within 15 days of that decision, either through direct deposit or a paper check.

    Read Also: What Can Ptsd Come From

    Ssdi And Va Disability How Do They Compare

    Social Security and the U.S. Department of Veterans Affairs pay disability benefits to eligible people and their qualified dependents. However, the programs, processes, and criteria for receiving benefits are very different. Each agency must follow its own definition and requirements.

    See the fact sheet for a side-by-side comparison of the differences between SSDI and VA compensation.

    Disability Criteria SSDI
    Injury/Illness must be due to military service
    Impairment must prevent the ability to work at substantial gainful activity level at time of application
    Disabling condition must last at least 12 months or end in death
    Age, education, and work history can affect eligibility
    Monthly benefit amount and eligibility are not affected by the other program
    Offers partial payments based on scale of disability
    All or nothing disability payment

    Social Security pays disability benefits to people who cant work because they have a severe medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability. While some programs give money to people with a partial disability or a short-term disability, we do not.

    The VA pays disability compensation to veterans who have a service-connected disability resulting from a condition that was incurred during or aggravated by active military service.

    More articles

    Popular Articles