Veterans with disabling medical conditions or injuries related to their military service may qualify for disability benefits from the Department of Veterans Affairs. Unfortunately, it often takes the department considerable time to review and approve applications. Many veterans have to wait weeks or months, or even years before they begin receiving benefits. In these cases, veterans may be eligible for VA disability back pay to cover the period between when they applied for benefits and when their claim was approved. Veterans may also qualify for back pay in other circumstances, such as VA administrative errors or retroactive increases in a veteran’s disability rating.
Whether you’re just starting your VA disability claim or you’re struggling to recover your owed VA disability compensation, Disability Law Group wants to help. Contact us today for a free initial case review with an experienced attorney.
What Is VA Disability Back Pay?
A veteran may be entitled to retroactive VA pay to compensate them for the time they had to wait to receive benefits due to delays in the claims process. Veterans may become eligible for disability back pay covering the period between the effective date of their claim and the approval date. Although for many veterans, the filing date of their application becomes the effective date of their disability benefits claims, some veterans may have earlier effective dates, such as the onset date of their disability or the day after their separation date. This retroactive payment amount acknowledges the reality that some veterans undergo a lengthy process to secure approval for disability benefits, as some claims may take years to be processed, even though their disability began long before the approval date.
Veterans may also qualify for VA back pay if they petition for a higher rating for their disability, with the VA providing back pay starting from the date their condition worsened.
Common Reasons Veterans May Be Owed Back Pay
A veteran may qualify for VA disability back pay when:
- They have successfully appealed a denied VA disability benefits claim.
- They have successfully appealed for a change in benefits, such as applying for TDIU.
- Their dependency status changes, such as a veteran having a new child or getting married.
- The VA made application processing errors, such as failing to adjudicate submitted claims or not initiating approved veteran benefits.
- Changes in federal law or VA regulations now recognize new presumptive conditions.
Red Flags and Situations to Watch For
As you apply for your VA disability benefits, watch out for the following red flags that might eventually entitle you to back pay:
- Wrong effective date: Should the VA assign the wrong effective date to your claim, you may receive less back pay than you should or no back pay at all. For example, the VA may assign a later effective date even though your disability began before you filed for benefits, or the VA may use your claim filing date even though you applied for benefits within one year of leaving the military.
- Missing or outdated information: Erroneous information in your claim file may result in a miscalculation of your disability compensation, such as the VA not having an accurate list of your dependents.
- Complex claims: Your claim could be more complex if you have two or more service-connected disabilities. Additional medical evidence can slow down the claims review process. Furthermore, multiple service-connected conditions come with a risk of the VA miscalculating your combined disability rating.
- Administrative backlogs: The VA sometimes experiences a surge in disability benefits applications, especially after new laws or regulations expand the presumptive list of conditions. As a result, high volumes of applications can increase processing times, causing you to wait longer for benefits approval.
At Disability Law Group, we are dedicated to helping veterans obtain the full benefits to which they are entitled. Contact us today for assistance with the VA disability claims process.
How to Check If You’re Owed Retroactive Benefits
There are several ways to check whether you have a claim to retroactive benefits. First, you can sign into your account on the VA’s website to track your claim status or view your benefits payment history. If the VA has determined that it owes you back pay, your account should note that you have pending back pay. Next, you should review your claim decision letter to check the information the VA used to assess your disability benefits claim, such as the effective date of your claim, your disability rating, and the number of dependents in your household.
If you believe you should receive retroactive benefits, you can speak to a VA representative about your claim and inquire whether you should receive back pay.
Finally, you can talk to a VA disability benefits attorney, who can review your full claim and the VA’s award letter to determine whether you should receive retroactive benefits or whether you should receive more back pay than the VA has paid you.
What to Do If You Suspect You’re Owed Back Pay
If you believe you might have a claim to disability back pay, you can take the following steps to protect your financial rights:
- Contact a VA disability benefits attorney as soon as possible, as they can help you in completing the following steps more quickly and efficiently.
- Review the VA’s award letter and check the information in it against your records to ensure that the VA used correct information, including your claim filing date, effective date, and dependents in your household.
- Gather additional records and information you may need to correct mistakes in the VA’s decision, including medical or service records.
- File a supplemental claim to submit additional evidence or request a higher-level review to ask the VA to reconsider its decision.
- Request an audit of your account if you received an incorrect benefit payment or if your payments don’t match your award letter.
Need Help Reviewing Your VA Benefits?
In certain circumstances, veterans who apply for VA disability benefits may have the right to receive retroactive benefits. If you suspect this applies to your case, contact Disability Law Group today for a free, no-obligation consultation with a VA disability benefits attorney to discuss how to get the back pay you could be entitled to.
