It’s important to determine your starting date when calculating disability back pay from the Veterans Administration. According to the information posted by the agency, determining the start date is usually straightforward. It’s the date that you apply for disability benefits. Actually, the rule states that it’s the latter of two dates: the application date and the date that the disability becomes evident or increases in intensity.

For example, you might be granted a 40% disability based on back pain after a couple of appeals. You applied on January 3, 2021, but the claim was denied in February. Finally, after several appeals, your disability was granted on May 3, 2021. Therefore, your start date would be your application date – January 3, 2021.

You would receive back pay from January 3, 2021, until May 3, 2021, of 40% of your regular service payment. After that, retroactive payments are paid in one lump sum, and afterward, you’re entitled to monthly installments to supplement your regular income.

How to Maximize Your Claim

It’s important to file your claim as quickly as possible after determining a disability. You shouldn’t wait for the VA to notify you that you might have a claim. Getting your application in promptly allows you to receive retroactive payments based on the date of your application. You can also try the VA disability calculator by CCK Law to know how much to expect in your lump-sum payment.

Increased Rating Claims

If you claim increased disability, your claim might be dated back to when you can prove increased disability – up to one year before applying for the increase. You would receive the increased amount dated up to a year before the application date in those cases. For example, if you were receiving 40% disability payments and an increase to a 60% disability rating was approved, you’ll receive an extra 20% for the time since the effective start date of your application.

Special Cases

Special rules might apply when calculating back pay for diseases that are eventually approved for service-connected disabilities. The VA occasionally adds new conditions and diseases to the approved disability list. For example, you might have applied for disability connected with Agent Orange exposure. When the disease was finally approved, applicants could claim back pay denied between September 25, 1985, and May 3, 1989. That would add up to quite a nest egg.

Total Disability Claims

According to the United States government, you might qualify for other benefits that include compensation, pensions and grants for veterans who have service-connected or age-related disabilities. However, many veterans failed to receive total disability awards, called TDIU awards, because the VA considered these awards as separate claims. That means the award could’ve been granted no earlier than the date of the TDIU application.

However, the VA now approves TDIU compensation as far back as the date of the original disability claim. That, of course, depends on corroborating evidence that you were 100% disabled under VA rules at the time of your claim and can supply evidence.

Review of VA Disability Rating

You should take great care to include all requested information on any application for disability benefits or review of your disability rating. A medical professional will study your answers and conduct a physical exam if warranted. In some cases, the exam is conducted by phone. In addition, you might be sent for X-rays and other imaging tests. If your claim is denied, you can appeal the decision.

Service length doesn’t affect your eligibility to receive disability payments. However, you have the right to hire an experienced service attorney on a contingency basis. That means that you don’t pay for the service if your claim is eventually denied. If your claim is approved, the VA sets the rates of the money deducted from your payments or lump sum award.

It would be wise to hire a veterans’ disability attorney to manage your case from the beginning. Specialized law firms can help you with more than just calculations and ratings. They can appeal denials, file paperwork, and bring expert witnesses to strengthen your case.

Crystal A. Davis was born into a family of attorneys and was raised with a strong sense of justice. During her high school years, she developed a passion for journalism and decided to combine this with her knowledge of the law. She realized that she could make her voice heard to the masses through legal journalism. Crystal is honored to follow and report on any legal case. She shares her analysis in reader-friendly articles. However, over the years, she has become a strong advocate for VA rights and made it her mission to help veterans seek justice.