Veterans who suffer from service-connected disabilities can receive monthly compensation and other benefits from the VA after filing a disability benefits claim. However, part of a disability benefits award can include back pay. Before you file a VA disability claim, you should understand disability back pay and how you can ensure you receive the full amount of compensation owed to you under VA regulations.
What Is VA Disability Back Pay?
VA disability back pay provides a lump sum payment for disability benefits owed to the veteran from the “effective date” of their claim. Back pay ensures that veterans do not lose benefits they otherwise would have received but for delays in the processing and approval of their claim due to administrative backlogs or time spent in an administrative appeal of an initial denial of a veteran’s claim. Veterans should not view disability back pay as a bonus payment but rather as compensation for the benefits the veteran should have received.
How the VA Determines the Effective Date
The VA pays back pay from the “effective date” of the veteran’s disability claim. In most cases, the VA will set the “effective date” as the later of the date the veteran filed their disability claim or the date that the veteran’s entitlement to benefits arose (the date of the veteran’s injury or first symptoms of illness). However, certain circumstances can affect when the VA sets the effective date, including:
- Filing a disability benefits claim within one year of discharge from the military, which can set the effective date to the first day after the veteran’s separation from service
- Reopening a previously denied claim
- Filing an appeal of an initially denied claim
Common Circumstances That Result in Back Pay
Veterans may receive back pay awards when their cases involve circumstances such as:
- The veteran has a long wait to receive approval of their initial claim due to the complexity of their service-connected condition or administrative backlogs at the VA
- An increase in the veteran’s disability rating after a reevaluation by the VA or the veteran’s administrative appeal
- Approval of the veteran’s claim following an appeal via a supplemental claim, higher-level review, or review by the Board of Veterans’ Appeals
- The VA’s correction of a “clear and unmistakable error”
How to Make Sure You Receive Full Back Pay
Veterans can ensure they receive the back pay owed to them by following best practices such as:
- Filing a VA disability claim as early as possible, which can lead to a more favorable effective date
- Keeping comprehensive medical records to document the onset of disability
- Tracking the status of a disability benefits application through the VA’s website
- Carefully reviewing all correspondence, including the VA’s decision letter, to identify and pursue correction of errors
What to Do If You Think You Deserve More Back Pay
If you think you have a right to back pay or that the VA paid you less back pay than you deserve, you should contact a VA disability attorney for help pursuing an administrative appeal of the VA’s decision through higher-level review or a hearing before the Board of Veterans’ Appeals. A VA disability lawyer can review your claim documents, including the VA’s decision letter, to determine the correct effective date of your disability and whether the VA may have underpaid your back pay.
Contact a VA Disability Lawyer Today
When you apply for VA disability benefits, you may receive back pay after getting approved. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability attorney to learn more about back pay in a VA disability benefits claim and how you can ensure you receive the full compensation you deserve for your service-connected condition(s).
