FAQs

1). What is VA disability back pay?

The simple answer is that VA disability back pay is money owed to a veteran from the effective date of claim to the day they were granted benefits. Reality is a different matter.

2). How Does The Effect Date of the Claim Impact My Back VA Disability Back Pay Benefits?

The VA has a backlog of disability compensation claims and, as a result, it can take months or even years for the VA to evaluate your claim, make a decision, and grant VA disability back.

The longer it takes, the more back pay you’re owed.

One of the most common problems with VA disability back pay, is VAs propensity to change the effective date of the claim, which can impact how much back pay you get.

3). What is an Effective Date?

Effective date is the start date of your benefits and is typically determined based on the date the VA receives your claim. However, if you file a claim within one year of discharge from service, your effective date is typically the date after the day you were discharged.

Don’t be Afraid to Challenge a VA Decision Changing Your Effective Date

Depending on the complexity of the claim, it will take 90 to 120 days for the VA to make a decision at the regional office. The time can vary based on the complexity of your medical condition, the completeness of your claim, and the workload at the regional office. Don’t forget you can check your claim status through your account.

If you’re not happy with the decision you get you have the right to appeal if your claim is denied or if you think the effective date is wrong. After all, we are talking about your benefits..

Don’t forget you only have one year to appeal the decision. If you missed that deadline, you have to restart and reopen with a new claim form.

This is the time to hire A VA accredited attorney who understands the many mistakes that the VA can make, including assigning the wrong effective date, failing to consider all relevant material, factors in assigning an impairment rating, and failing to probably assign a combined rating for multiple medical conditions.

Call blank for a free case evaluation! Remember we only get paid if we win you benefits and we can help you with your claim.

4).What is the effective date for a VA increased disability rating and How Does it Impact the Amount of my VA Disablity back pay?

The amount of back pay you are owed depends:

The effective date of your claim,
Your disability rating, and
Any cost-of-living adjustments.
The Effective Date and An increase In Your Rating

There are two possible effective dates in an increased rating claim.

The date the VA receives your claim for an increased rating or
The date the medical evidence documents a worsening of your medical condition before you submitted the increased rating claim.

In other words, The VA will determine the effective date either on the date it receives your claim, or the date entitlement arose because of a worsening of your medical condition.

You will not be entitled to VA back pay all the way back to the date of the injury or the event in service or that you’ll be paid benefits all the way back to the date of your discharge. The effective date is the key!

Use Back Pay Disability Calculator… LINK.

Don’t be Afraid to Challenge a VA Decision Changing Your Effective Date Or A Decision Denying Your Increased VA Rating

Let’s say the VA denies your request for an increased disability rating or doesn’t assign a correct disability rating?

If you’re not happy with the decision you get you have the right to appeal if your claim is denied or if you think the effective date is wrong. After all, we are talking about your benefits..

Don’t forget you only have one year to appeal the decision. If you missed that deadline, you have to restart and reopen with a new claim form.

This is the time to hire a VA accredited attorney who understands the many mistakes that the VA can make, including.

assigning the wrong effective date,
failing to consider all relevant material factors in assigning an impairment rating,
and failing to probably assign a combined rating for multiple medical conditions.

Call blank for a free case evaluation! Remember we only get paid if we win you benefits. We can help you with your claim regardless of where you live in the United States and regardless of your medical condition.

5). Can the VA Reduce My Rating?

Yes! It the medical evidence indicates that your condition has materially improved, the VA can propose a rating reduction.

6). What is the Effective Date of A Rating Reduction?

There are two possible effective dates for a rating reduction:

The date the medical evidence shows a material improvement in your disabling medical

condition or

The date of the reduction decision.

Don’t be Afraid to Challenge a VA Decision Reducing Your VA Rating

If you’re not happy with the decision to reduce your VA rating you have the right to appeal. Don’t forget you only have one year to appeal the decision. If you missed that deadline, you have to restart and reopen with a new claim form.

7). What is a Staged Rating and a Staged Rating Effective Date?

The VA has a backlog of disability compensation claims and, as a result, it can take months or even years for the VA to evaluate your claim, make a decision, and grant VA disability benefits.

The longer it takes, the more back pay you’re owed.

One of the most common problems with VA disability back pay, is VAs propensity to change the effective date of the claim, which can impact how much back pay you get.

8). What is an Effective Date?

9). What Happens if Your Condition Worsens While Your Claim Is Pending? ******

10). What is VA Permanent and Total Disability?

Permanent and Total Disability (P&T) has two important words: Permanent and Total. Let’s deconstruct these two words.

What does the Term “Permanent” Mean?

The word “permanent” means that it is unlikely there will be any improvement in your medical condition. The medical evidence has to show that it is reasonably certain that your level of impairment will continue for the rest of your life.

That means that your age is a factor in determining if your disablity is permanent. The younger you are the more difficult it is to prove that your disablity will last your whole life without improvement. For example, some disabling mental conditions are not considered in and of themselves to be permanent.

What Does the Term “Total” Mean?

Your disability will be rated based on the VA’s Schedule of Rating Disabilities. Take a look at the ratings for your disabling service or secondary connected medical conditions. You will see that the VA has a range of impairment ratings depending of much each disability impacts your ability to function at work and in your activities of daily living.

Presumed Permanent Total Disability Medical Conditions

The irreversible loss or loss of use (amputation or paralysis) of the following medical conditions are automatically presumed to result in Permanent Total:

Both Hands
Both Feet
One Hand and one foot
Sight in both eyes and
Permanently helpless or bedridden

11). What are the Rules that VA Must Follow to Legally Reduce Your VA Rating Because of Medical Improvement?

Did you know that when you are rated, the VA will also determine whether they think your disabling condition is likely to improve and, if so, when. For example, if you have undergone back surgery, the VA might determine that your pain will improve in one year. The VA has the right to order a re-examination at any time but, in this instance, will most likely schedule you for a future re-examination.

Look at your Rating Decision closely to see what it says about future examinations.

12). What Are the Rules the VA Must Follow to Legally Reduced Your Impairment Rating?

There are four basis rules that the VA must follow:

Any examinations reports that the VA relies on must be based on a complete and thorough

examination,

Show that there has been a real change and sustained improvement in your disability,
Show that any change in the disablity demonstrates material improvement in your ability to

function under the ordinary conditions of life and work, and

Any proposed rating, as well as the VA’s final decision, must be based on a review of your entire medical history.

13). What Should You Do if You Get Notice of a Rating Re-examination and Potential Rating Reduction

Many veterans legitimately fear a rating reduction notice because any reduction in their rating can threaten or even destroy their financial stability and peace of mind.

If you have been awarded Permanent and Total disability VA benefits you are protected from any reduction, and you can rest easy. The Rating Decision form has a box called Permanent and Total that will be checked if you are 100% disabled. If so, or there is language that “no future exams are scheduled” most likely the rating is permanent.

However, if the Rating Decision says that future exams are scheduled, then any rating, including a total disability rating is temporary.

If you have gotten notice of rating re-examination or notice of a potential rating reduction, it is time to call.

If the medical evidence indicates that your condition has materially improved, the VA can propose a rating reduction.

14). What is the Effective Date of A Rating Reduction?

There are two possible effective dates for a rating reduction:

The date the medical evidence shows a material improvement in your disabling medical condition
The date of the reduction decision.

15). Do I have to be 100% disabled to collect TDIU Benefits?

No! You don’t have to have a 100% rating to be paid at the 100% rate. If you can’t work because of your service-connected conditions you may be eligible for total disability individual unemployability benefits known as TDIU.

16). How Do I Qualify for TDIU?

You qualify for TD IU if at least one of your disabling medical conditions is rated at least 60% or if you have a combined rating of 70% with one condition rated at least 40%.

17). How Much Can I Get Paid for TDIU Benefits?

Did you know that TDI U pays the highest monthly amount for VA disability benefits, and you could receive $3621.95 a month if you have no dependents. That’s the same compensation paid for a 100% VA rating.

18). Is it Easy to Get TDIU?

It’s all about the rating numbers and the games that can be played with those numbers. Just because the VA doesn’t grant your claim on the first try, you shouldn’t give up. Back pay for TDIU benefits can make all the difference in your financial security.

If your TDIU claim has been denied, you’ll have to file a timely appeal! Your appeal must be filed in X number of days, or you will have to start all over again and, in the process, lose your back TDIU.

Don’t delay and don’t be afraid to take on the VA’s wrongful denial of your TDIU claim.

19). What are the 5 Types of Service-Connected Compensation Benefits Every Veteran Might be Entitled to as a Result of their Military Service?

Did you know that veterans just like you can be paid money benefits if you incur a disease, are injured or aggravate a disease or injury while in the line of duty. 38 U.S.C. Section 1110.

The Five Types of Service-Connected Disability Benefits

A Rated Disability

The VA uses a rating schedule for service connected or secondary medical disabilities which includes a combined impairment rating schedule for multiple medical conditions. If you have a rated disability you can be paid monthly compensation.

Total and Permanent Benefits
Total Disability Individual Unemployment Benefits

If you can’t work because of your service-connected conditions, you may be eligible for total disability individual unemployability benefits known as TDIU. You qualify for TDIU if at least one of your disabling medical conditions is rated at least 60% or if you have a combined rating of 70% with one condition rated at least 40%.

Special Monthly Compensation

Special monthly compensation, known as SMC) is additional monthly compensation for severe conditions or personal care.

VA Section 1151 Benefits

Section 1151 provides for the payment of benefits for disabilities caused by medical errors caused by VA personnel.

20). What are VA Dependency Indemnity Compensation Benefits?

You might have heard the term “widow benefits” and be surprised to learn that is a misused term for VA dependency compensation benefits (DIC). There are two eligibility requirements based on U.S.C. Section 1310 and 1318:

The veteran must have died from a condition related to military services or, alternatively, the

veteran must have been receiving or have been entitled to receive, compensation for a service- connected disability that was rated as totally disabling for 10 years before the veteran’s death.

The eligible survivor must be the veteran’s spouse and/or children.

If those two conditions are met, the eligible survivors can be paid monthly compensation.