VA Disability Back Pay
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VA Disability Back Pay
VA Disability Back Pay for Appeals
VA Disability Back Pay for Law Changes
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VA Disability Back Pay is an important benefit for veterans. Veterans are eligible for VA Disability Benefits from the time they submit their Intent to File or their VA Disability Claim, but have to wait until the end of the VA Disability Process to receive them. Since this process can take quite a lot of time, they are left waiting for months, or even years, for their benefits.
VA Disability Back Pay
To make up for the time between the VA’s Rating Decision and the veteran’s date of eligibility (known as the “effective date” of their benefits), the VA instituted VA Disability Back Pay.
VA Disability Back Pay is a payment of all the money that the veteran should have been receiving for the months in between their effective date and their VA rating decision.
VA Disability Back Pay is usually paid in one single payment, however, different Regional VA’s could choose to pay it in payments instead.
A veteran’s effective date for VA Disability Back Pay is determined in one of two ways.
- If the veteran submits a VA Disability Claim or Intent to File within one year of their date of separation, their date of eligibility for VA Disability Back Pay is their date of separation.
- If the veteran submits a VA Disability Claim or Intent to File after this 1-year period, then their date of eligibility for VA Disability Back Pay is the first day of the month after the VA receives the claim or letter of intent.
It’s important to get your VA Disability Claim submitted as soon after discharge from the military as possible. If the claim is not submitted within 1 year of discharge, all the VA Disability Back Pay that could have been received between the date of application and the date of separation will be lost.
Depending on the length of time it takes for the VA to come to their rating decision, the VA Disability Back Pay a veteran receives could be fairly substantial.
Example
For example, Ben applies for VA Disability 9 months after he separated from the military. This is within the 1-year mark, so his date of eligibility for VA Disability Back Pay is his date of separation. It takes another 9 months before the VA’s Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VA’s rating decision.
If, however, Ben submits his VA Disability Claim 13 months after he separates, and the VA takes 9 months to reach their Rating Decision, he will only receive 9 months of VA Disability Back Pay. The additional 13 months of VA Disability Back Pay he could have received had he submitted his claim one month earlier will be lost.
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VA Disability Back Pay for Appeals
When the VA makes a mistake on a claim or the veteran does not agree with their decision, they can submit an appeal.
Depending on the type of appeal, the veteran has a certain amount of time in which to submit the appeal in order to retain the effective date of the original claim. As long as the appeal is submitted in a timely manner, then any decision on the appeal will apply to this original effective date.
If the decision on the appeal awards a higher benefit than originally received, the veteran will receive VA Disability Back Pay for the difference back to the effective date.
Example
In November 2022, the VA gave Sonya a 30% rating effective January 2022. She received her VA Disability Back Pay for the 30% rating and began receiving her monthly payments at the 30% level.
However, Sonya believed that she should have been rated 50% and submitted an appeal in February 2023.
In August 2023, the appeal was successful and the VA granted her a 50% rating effective January 2022. The VA then paid her VA Disability Back Pay for the difference in the 50% and 30% ratings all the way back to January 2022, and she began receiving her monthly payments at the 50% level.
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VA Disability Back Pay for Law Changes
The only other time VA Disability Back Pay is given is when Congress changes the laws that govern VA Disability.
The amount of VA Disability Benefits a veteran receives is determined by the VA Disability Rating given by the VA. The Rating Authorities use the laws of the VASRD to decide these ratings. When the VASRD changes, these ratings, and thus the amount of VA Disability the veteran should receive, also change.
⇒ We keep track of every change made to the VASRD so you don’t have to! Check out our blog for full details. You can also access our full breakdown of the VASRD, including all historic VASRDs and so much more, by becoming an All-Access Member!
Changes in law like this do not happen very often, but they do happen every now and then. Usually, the law states a future effective date for the change when the VA will simply increase the amount of the monthly payments to reflect the change going forward. No back pay is awarded in these situations.
However, on very rare occasions, the VA makes changes with a retroactive effective date, requiring that VA Disability Back Pay be given to the veterans the law effects. When this happens, the VA will automatically process the VA Disability Back Pay for the affected veterans.
Example
For example, let’s say Congress passes a law that changes the rating of a particular condition from 20% to 30%. The law also states that the change should affect all ratings of that condition from 2009 on. The VA would then give all the veterans with this condition VA Disability Back Pay to make up for the extra 10% the law says they should have been receiving for this condition since 2009.
The exact rate of this VA Disability Back Pay will not be the total the condition should receive at 30%, but the difference between the 20% amount and the 30% amount. So if the veterans received $100/month for the 20% rating but should have received $150/month for the 30% rating, the VA Disability Back Pay will be $50/month (150 – 100 = 50) times the number of months the change applies.
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FAQs
What is VA Disability Back Pay?
VA Disability Back Pay is given by the VA for the period of time between when the veteran qualifies for benefits and the time their claim is fully processed and their monthly payments begin.
Do I qualify for Back Pay?
All veterans qualify for back pay to cover the period while their claim or appeal is processing. There are certain special cases we discuss in detail on this page that may qualify you for additional back pay.
How does the VA pay Back Pay?
Once your claim is fully processed, the VA will start your monthly payments. In addition, they'll issue your back pay. Most Regional VA's issue a single payment with the full amount of the back pay, but others will include it in your first few payments or issue separate monthly payments for it.
How long does it take receive my back pay?
The VA usually issues the back pay check within 3 months after the claim is finalized.
It's been more than 3 months, what do I do?
You can check on the status of your back pay by calling your Regional VA office.
How much money will I get for my back pay?
You will receive the total amount you should have been receiving for the months between your effective date and the first payment you receive from the VA.
What is my date of eligibility for VA Disability Back Pay?
You are eligible to receive back pay from the effective date of your benefits. If you submit your claim within 1 year of your discharge date, then your effective date is the same as your discharge date. If you submit after the one-year mark, then your effective date is the first day of the month after your claim is submitted.
Can I receive Back Pay for a rating increase?
Yes, once you submit your claim for an increased evaluation, you'll qualify for back pay for the amount of the increase.
