What Do I Do If I Havent Received My Decision Yet
First, congrats on getting your VA claim submitted! This is a huge milestone.
Now youre facing what many people would call this the worst part of the process. The waiting.
No worries, once you get that decision rating you will be able to see the fruit of your labor.
You can track the status of your decision on the VAs website or by calling 800-827-1000. Once you get your decision letter, you will be able to see everything that the VA has awarded to you and what your final compensation will be.
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.
Factors That Can Affect The Time It Takes To Begin Receiving Va Disability Benefits
The VA estimates that it takes them 94 days to review a VA disability application. However, many cases take much longer than that. Here are some factors that can shorten or extend the time it takes to reach a decision:
- Type of claim filed. There are many different types of claims filed for disability benefits, and some take longer than others to process. For example, if you file your claim under the fully developed claim program, you may receive a quicker decision. However, if you must appeal a denial of benefits or are reopening your claim, it could take longer to obtain the evidence you need and for the VA to review it.
- Number of disabilities claimed. The number of disabilities or injuries you are claiming benefits for, and their complexity, can affect how long the application process will take. If you have numerous, complex injuries, it will take the VA longer to make a decision.
- Evidence needed. If you do not include all the evidence necessary to support your application or the VA requests additional documents, this could slow down the VA review process.
- Field office location. The time period can also be affected by the field office where you file your claim. If you live near one that serves more Veterans, it could take longer for the VA to reach a decision than if you lived near an office that serves fewer Veterans.
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Va Disability Benefits Denied Contact Our Va Disability Lawyer Today
When filing a VA disability claim, you may face an uphill battle collecting the compensation you deserve. You may find that your claim is denied, even without cause. If your claim for VA disability benefits is denied, call an experienced VA disability lawyer at Tucker Law Group today. You can fill out our confidential contact form or call us at for a consultation and review of your case. We can discuss your rights to appeal and help you receive the benefits you need to move forward into your future.
What Is The Effective Date For Tdiu
The effective date of a TDIU rating is the date when the VA received the claim for service connection or the date when the VA believes the Veteran became unemployable as a result of their service-connected disabilitywhichever is later. However, this is not necessarily the date the Veteran stopped working.
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I Couldnt Qualify For Disability Benefits What Should I Do
If you filed a claim for VA disability benefits and got denied, you dont have to give up. If you feel that you should have received disability compensation for a condition that you developed as a result of your military service, you can appeal the VAs decision to deny your claim with an attorneys help.
Berry Laws team of attorneys have been helping Veterans successfully appeal VA decisions and get their claims approved for over 20 years. Our team is made up of Veterans from multiple branches of the military, and we are well-versed in the inner workings of the VA decision-making process. We know what the VA looks for in a Veterans disability claim, and were here to do whatever it takes to get your claim approved.
If you need help appealing a VA decision, contact us today for a free consultation.
Fully Developed Disability Claims
The next fasted option is the Fully Developed Disability Claims program.
The primary difference between the FDDC program and filing a standard claim is the Veteran must provide all evidence upfront and certify there’s no additional evidence needed to make a claim decision.
At a minimum, the Veteran should provide:
- All military personnel records on the condition, and
- All service treatment records on the condition, and
- All private medical records on the condition, and
- All VA health records or supplementary information about related VA health records that the VA can request on your behalf
If the VA requires additional information, the claim typically gets removed from the FDDC program and is processed as a standard claim.
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Back Pay Vs Retroactive Payments
Dont confuse back payments with retroactive payments. Back payments are owed to you up to the time that you applied for benefits. Retroactive payments are given for up to 12 months before you applied for benefits if you can prove that you were already disabled during that time.
For Social Security disability applicants, there is a mandatory 5 month waiting period after you have been approved. This means that once youve been approved, Social Security will not be making payments to you until 5 months have passed. This is usually evened out since most Social Security disability beneficiaries will not get their application approved until well after those first 5 months. But you will start receiving, or be owed, benefits on the 6th month once you have been approved.
You can receive your back pay up to 60 days after your application is approved and the SSA decides if you qualify for disability benefits. This is typically paid as one lump-sum and will be directly deposited online into your bank account.
If you were disabled long before you decided to apply, you can hire an attorney to help you challenge your established onset date, or EOD. Your EOD is the date the Social Security administration thinks you became disabled, and is the date on which you applied for benefits.
Which Conditions Can Be Service
There is a long list of physical and psychological disabilities linked with military service that can make a Veteran eligible to receive disability benefits from the VA. The primary criteria for getting service-connected are the current disability diagnosis and the presence of a specific injury, experience, or exposure during your time in the military that can be linked to it. The VA refers to this link as a nexus, and it is essential for establishing a service connection and qualifying for benefits.
If the VA needs to carefully review your military records, run tests, perform multiple examinations, or take other steps to confirm that you have a service-connected disability, it may take longer to get your disability rating. Sometimes, the VA needs to gather additional evidence or documentation before they can proceed with making a decision regarding your claim. In some cases, the need for additional information can leave you with a deferred claim.
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Important Va Disability Back Pay Terminology
The potential for missing out on pay is high and it is very important to fully understand the details. These are some terms and definitions to keep in mind:
Claim date: This usually refers to the date the VA received the veterans medical claim.
Diagnosis date: The date you received the actual diagnosis of your condition .
Retirement date: The date you are legally out of the military as a retiree, and officially a civilian. Note that this date is after any terminal leave, permissive TDY for house hunting, etc.
The date you are no longer legally obligated to perform active military service. This is the date you are effectively considered a civilian and is after any terminal leave, permissive TDY, etc.
Effective date: The start date the VA uses to determine when VA compensation payments should begin, based on the veterans claim or the date when the veteran is diagnosed with the condition to be compensated.
VA Rating Reduction: A VA disability rating can be reduced if the veterans service-connected medical issues improve after leaving military service. This is generally done via a medical review process and is not arbitrarily determined without reviewing the veterans condition.
Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News
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.
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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.
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 and find out if your effective date was given correctly. Consider this, Individual Unemployability benefits pay a minimum of $2,973.86. If you are missing twelve months of Individual Unemployability back pay you could be out $35,686.32.
How To Apply For Va Disability Benefits
The Department of Veterans Affairs recommends eligible Veterans apply for disability compensation benefits through the VA’s eBenefits online portal. However, Veterans may also apply by mail with VA Form 21-526EZ, in person at your regional benefits office, or with help from a trained professional.
In any case, you will need access to your DD214 , the medical evidence of the disability, and dependency records .
If you have yet to separate from service, you may still apply using the Benefits Delivery at Discharge program. To be eligible for the BDD, you must:
- Be on full-time active duty , and
- Have a known separation date, and
- Your separation date is in the next 90 to 180 days
If you have less than 90 days until separation, you may still file a fully developed or standard claim.
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What If My Rating Is Too Low
VA disability claims typically are fully processed within three to four months. Once you get your results back, you will have a rating that indicates how much you will receive per month in benefits. If you think your rating is inaccurate, you can take steps to get your claim reevaluated or appeal to the VA with the help of an attorney.
The VA does not always give a disability rating that is as high as a Veteran deserves. If you feel that you are being short-changed by the VA, our team of attorneys is here to help. We can help you get through the VA appeals process and get your rating reassessed and raised. Even a 10% increase in your rating can lead to a big change in the tax-free benefits that you receive each month.
Were a team of Veterans devoted to helping our fellow Veterans. If youre stuck fighting the process of getting the correct rating from the VA, were ready and able to team up with you to help you get the outcome that you deserve. Dealing with the VA and suffering from a disability can be extremely tough, and our mission is to make it easier.
If you need help appealing a VA decision, were here to provide additional fire support. Contact Berry Law today for a free consultation.
When Can You Expect To Receive Your Back Pay
This is yet another issue that can vary depending on a number of factors. You will be awarded your back pay as soon as your claim is approved.
Often the VA will issue your back pay quickly, usually within a matter of months from the approval of your claim. Sometimes, however, there are unexpected delays.
Other delays can occur if you file an appeal. Remember, the VA has been dealing with an enormous backlog of claims for many years now, so the smallest changes can affect the disbursement of your money.
If you have not received your back pay and its been over two weeks, contact the VA at 800-827-1000
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The Va Appeal Process Under Your Designated Appeal System
There are two different appeal systems, the Legacy Appeal system and the Appeals Modernization Act system. The date of your claim decision will determine which system you use for your appeal. Depending on when your claim was decided, you will appeal under the Legacy Appeals system or the Appeals Modernization Act system.
- If your claim decision date is before February 19, 2019, then you will file your appeal under the Legacy Appeals system. You should file a Notice of Disagreement within a year of the Rating Decision date.
- If your claim decision date is on or after February 19, 2019, then you will file your claim under the Appeals Modernization Act system. As you will read below, there are three options for you to pick from when you appeal a Rating Decision under the AMA system.
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Common Questions About Va Disability Back Pay
- What is VA disability back pay?
- What is an effective date?
- How is VA disability back pay calculated?
- What are some common myths about VA disability back pay?
- Who can file a VA disability claim?
- Is my VA back pay taxable?
- Can a VA attorney help me get back pay faster?
- Is there a time limit for when I need to file my claim?
The process for being approved for veterans disability benefits can certainly be challenging. Since the VA faces such a substantial backlog of benefits applications, you can wait for months, sometimes even years, before your compensation claim is finally approved. But the good news is that once your claim is approved, the VA also will compensate you for all disability benefits that have accrued while youve been waiting. Since VA disability benefits are designed to compensate veterans for considerable loss of working time, the VA will do its best to ensure it provides as much disability compensation as is appropriate, including back pay.
If youre thinking about applying for VA disability benefits or if youre already involved in the compensation process you may have questions about how back pay might apply to your case. Below are just a few of the most common questions associated with VA disability back pay.
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How Long Do Disabilitybenefits Continue
After the VA has made its originaldetermination, the monetary benefits continue to be paid to the veteran as longas the disability continues. In certain circumstances, a veteran’sdisability may be re-evaluated or re-examined, after which the disabilityrating may be increased, decreased, or remain the same.
If a veteran receiving disability benefitsdevelops a new disability or disease that is connected to his service, or findshis condition worsening, he may file VA Form 21-4138, requesting a newevaluation. At that time, the VA may increase his or her disability rating andtherefore increase his or her compensation.
When Should I Expect My Ssdi Back Pay
Most approved applicants will receive their SSDI back pay within about 60 days of their claim being approved. The timing can be iffy, though. Some applicants have reported receiving their backpay by direct deposit even before they receive the award letter notifying them of their disability benefits award.
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How To Determine Your Disability Compensation
To determine your disability compensation, you need to file a claim with VA. The VA rates your disability by severity after reviewing every piece of evidence in your claim.
You may only receive compensation for a single diagnostic code per condition, even if that condition satisfies more than one diagnostic code. However, those with more than one condition may receive additional compensation based on the combined rating system.
You may receive additional compensation if:
- You have very severe disabilities or loss of limb
- you have a spouse, children, or dependent parents
- you have a seriously disabled spouse
Note: If you have more than one child or your spouse receives Aid and Attendance benefits , be sure to include the figures from the “Add” row.
Did you know: Veterans can use their disability income in conjunction with their VA loan benefits. Speak with a home loan specialist to see how much you can afford.