When you apply for VA disability benefits, the VA determines your date of disability. That date may be the date of injury or a later date, such as when you filed your ‘intent to file’ or complete application for disability benefits. In many cases, veterans approved for disability benefits are also entitled to VA disability back pay. If you are having trouble receiving your disability back pay, contact our Michigan VA benefits attorneys for help.
What is VA Disability Back Pay?
When the VA approves a veteran for disability benefits, it determines a monthly amount that the veteran will receive for disability pay. Once the VA approves a disability claim, the veteran typically begins receiving monthly disability payments within a month. However, the veteran may also be entitled to disability back pay.
Disability back pay is the amount of disability benefits you would have been entitled to receive from a specific date through the date your disability benefits began. Back pay is paid in a lump sum.
The date for determining back pay varies, depending on when you file your VA disability claim and other factors. It is important to understand how the VA calculates the date for disability back pay to ensure that you receive all the disability benefits you are entitled to receive. Further, some cases merit a re-opening of a previous denial to allow for additional back-pay benefits to be paid to the veteran. However, the arguments can be complex and typically involve a detailed analysis of the law, medical records, and facts of the case including any reason for failing to appeal the previous or initial decision.
Calculating Dates for VA Disability Back Pay
In many cases, the VA pays disability back pay from the time the veteran filed the disability claim through the date the claim was approved. Depending on the case and whether an appeal or review is necessary, that period could equal a few months or over a year.
However, the effective date of the claim may not be the filing date of the claim in some cases. The effective date could be the date the veteran became entitled to the benefits, such as the date the veteran was diagnosed with the condition that resulted in the impairment or disability. In that case, the effective date could be a date that is well before the claim filing date. In that case, a veteran could be entitled to substantially more money than the VA is calculating for disability back pay. However, this scenario only applies if a veteran files for disability benefits within a year of being discharged from service.
The effective date for VA disability back pay may also be different from the claim filing date in cases involving increased rating claims. The effective date for an increased rating claim could go back a year before the date the veteran filed the disability claim if certain circumstances apply. Also, there are special rules that apply to claims related to Agent Orange exposure, and other types of claims.
The best thing for a veteran to do if he or she is unsure of the effective date for their VA disability back pay is to talk to an experienced disability lawyer. A disability lawyer can use the facts of the case to calculate the correct effective date for VA disability back pay. If the VA is using a date that is not correct, a skilled disability attorney can assist the veteran in filing an appeal or request for review to gain all the back pay that the veteran is entitled to receive.
Contact Our Michigan Disability Attorneys for Help
Navigating the VA disability claims system can be confusing and frustrating. If you have questions about your VA disability claim, disability payments, or disability back pay, contact our Michigan disability attorneys for a free case review. Disability Law Group is dedicated to helping the disabled receive the benefits they deserve at every step of the way. Our attorneys have decades of combined experience specializing strictly in disability benefits, and we are here to help you.
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