About Your VA Disability Benefits Retroactive Payment
When you are given a Rating Decision, you need to make sure your VA disability benefits retroactive payment is correct. Too many veterans do not double-check their retroactive payments and presumably thousands of veterans are missing what is owed to them because of simple math errors by the VA.
For example, suppose a veteran’s effective date is January 2015 and he is approved at a 100% disability rating in January 2017. That veteran should have received those two years of missing back pay. Two years of missing back pay at a 100% VA disability rating is a whopping $69,763.92. This rate would also apply for Total Disability Individual Unemployability claims.
Tips For Calculating Your Effective Date
Tip #1: VA math is complicated. Remember, two 50% ratings do not equal an 100% VA disability rating. To determine your effective date, you are first going to have to figure out what your VA disability rating is on the combined ratings table. This alone can be a complicated process because VA math is hard to understand. Don’t forget to include all your service-connected disabilities and your secondary service-connected disabilities. Both will be considered in calculating your effective dates.
Tip #2: Figure out legal exceptions to effective dates. There are special regulations for many different types of veterans. For example, you can read later in this article about special exceptions for Vietnam veterans’ VA disability benefits retroactive payment. Veterans who were just discharged may also have special exceptions.
Tip #3: Reopened claims have special rules. The effective date for a reopened claim is the date you get the claim to reopen, or the date you first got your illness or injury, whichever is later.
Tip #4: DIC claims can go back years. Widows and dependents claims, also known as DIC claims, can be filed years after a veteran dies. If the veteran died during service, the effective date is the first day of the month the veteran died. If the veteran died after service, the effective date is the first day of the month in which the veteran died.
Tip # 5: You can challenge your effective date if it’s wrong. That’s right, you can fight your effective date at this point in the veterans disability benefits timeline. Many veterans file VA disability benefits retroactive payment claims to obtain the money they should have been awarded. An earlier effective date VA disability claim can recoup your missing benefits.
FAQ: VA Disability Benefits Retroactive Payment
How far back can my effective date go? There is no time limit to how far back your VA disability benefits retroactive payment can be awarded. There are some veterans that have been awarded six decades of retroactive payments.
When is the effective date for an increased rating claim? If you have applied for an increased rating claim, typically the date you filed a claim for the increase is your effective date.
What if I was recently discharged? Newly discharged veterans who apply within one year of discharge, have an exception. These veterans can get their effective date moved to the date of their discharge. In other words, you can get your VA disability benefits retroactive payment dating back to your discharge, not the date of the application.
What if I served in Vietnam? It took the VA years to recognize the Agent Orange presumptives list. Therefore, many veterans applied only to have their VA disability denied because the VA didn’t accept their illness. If your illness is from Agent Orange exposure, your effective date could be the date the VA recognized the illness. That means your VA disability benefits retroactive payment could go back years.
Will my VA disability benefits retroactive payment be taxed? No. Your VA disability benefits retroactive payment will not be taxed.
VA Disability Benefits Retroactive Payment Denials
Our VA disability compensation lawyers have seen thousands of veterans denied the retroactive benefits they deserve. Remember, you can appeal VA Rating Decisions within one year of the VA disability denial.
When your appeal is approved, you should receive your VA disability benefits retroactive payment. Most veterans can expect their entire VA disability benefits retroactive payment to come in one lump sum check.
However, veterans that are denied may not receive the VA disability benefits retroactive payment they deserve. Too many veterans think that a denial is the end of their claim – it’s not! If you were wrongly denied your VA disability benefits retroactive payment, we highly suggest you talk with a VA benefits appeal lawyer about your claim.
Earlier Effective Date VA Claims
If you agree with your rating but believe your effective date is earlier, you can file a claim to try to get the VA to recognize your earlier effective date. If your earlier effective date is approved, you could be eligible for more VA disability back pay.
Some veterans find that their VA disability benefits retroactive payment can be a substantial amount of money. We can’t stress how important it is to learn how to calculate your VA disability benefits retroactive payment. Once you have done that, compare it to the amount the VA awarded you. If the amounts do not match, you may want to start investigating into what happened to your VA disability benefits payment.
Lawyers Can Help With Retroactive Payments
Woods & Woods veterans disability benefits lawyers can help veterans obtain their VA disability benefits retroactive payment if they were denied. Our VA disability lawyers have fought for thousands of disabled veterans against the VA.
- There is never a cost to get a retroactive payment claim evaluation.
- Find out if you have a retroactive payment claim for free.
- Ask us all the questions you have and we’ll answer them.
- If you hire us, you only pay if you receive your VA disability benefits retroactive payment.
- If you do not obtain your VA disability benefits retroactive payment, you owe us nothing.