Securing approval of a VA disability benefits claim means you will receive financial compensation for a disabling condition caused by your military service. However, in certain circumstances, you may also receive back pay after the VA approves your disability benefits. Back pay ensures that veterans receive compensation for the time they had to wait for approval. But how far back can you receive back pay for a VA disability claim?
Understanding VA Disability Back Pay
VA disability back pay provides veterans with a one-time lump-sum payment to cover disability benefits owed from the effective date of the veteran’s claim to the date of approval. Back pay ensures that veterans receive disability benefits for the period during which they waited for approval. Veterans may also receive back pay when filing claims to increase their existing disability rating due to worsening symptoms of an established service-connected condition or the development or aggravation of a secondary condition (a condition linked to a primary service-connected condition).
The Importance of the “Effective Date”
The VA calculates a veteran’s back pay based on the effective date of their claim, not necessarily the date their disability began. The VA has several rules for determining the “effective date” of a veteran’s disability. Typically, the VA recognizes the later of the date a veteran files their claim and the date their disability arose as the effective date of the disability. However, when a veteran files their claim within one year of the date they leave military service, the effective date can become the date following separation.
How Far Back Can VA Disability Back Pay Go?
VA regulations limit how far back a veteran may qualify for disability back pay. In most cases, the VA will calculate a veteran’s back pay from the date they filed their initial disability benefits claim. However, when a veteran files their application within one year of leaving the military, the VA will pay back pay from the day after the veteran’s separation from the service.
When a veteran files a disability benefits application before they have a qualifying service-connected disability, but later manifests a disability during the application process, the VA may pay back pay from the date of the disability’s onset.
Special Situations That Can Increase Back Pay
Certain circumstances can substantially increase a veteran’s back pay. For example, when a veteran has a presumptive service-connected condition (a condition the VA deems service-connected based on the veteran’s service history) and files a benefits application within one year of leaving the military, the VA may extend back pay to the date of onset of the veteran’s condition.
The VA may also extend back pay for veterans who get approved for benefits or receive an increase in benefits due to a change in the law or VA regulations. When a veteran files their claim within one year of a change in law or regulation, the VA may pay back pay from the effective date of the change.
When the VA makes a “clear and unmistakable error” in a decision on a veteran’s benefits claim, the VA may extend back pay to the date it would have paid benefits had it not made the error.
For veterans who file a claim for an increase in disability rating within one year of the onset of worsening symptoms, the VA may pay back pay from the date that the increase in disability began.
Contact a VA Disability Benefits Attorney Today
After the VA approves your disability benefits application, you might also receive back pay to compensate you for the time you spent waiting for approval. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability benefits lawyer to learn more about back pay for VA benefits and whether you might qualify for back pay after getting approved for VA disability.
