After filing a VA disability claim or an appeal of an unfavorable decision on your disability claim, you may become entitled to an award of back pay of disability benefits. Back pay ensures you receive the full compensation you should have received, but for the delays in processing your disability claim. But how does the VA calculate back pay in veterans’ disability claims?
What Is VA Back Pay?
VA back pay refers to the VA’s financial payments to a veteran to compensate them for the time spent processing and litigating the veteran’s disability claim. The VA usually pays back pay from the date a veteran filed their disability benefits claims; however, sometimes a veteran may qualify for back pay stretching back to the date their disability first manifested symptoms. The VA only pays back pay after approving a veteran’s disability claim. Veterans frequently receive back pay when administrative backlogs in the VA delay the processing of a veteran’s claim or when the veteran appeals and successfully proves the VA erroneously denied their initial application.
Factors in Calculating VA Back Pay
Some of the factors that determine the amount of back pay that a veteran may receive after having their disability benefits claim approved include:
- The effective date of the claim: The VA usually calculates back pay from the date the veteran filed their claim. However, the VA may use an earlier date in some instances, such as claims of increased disability or disability benefits claims filed by a veteran within one year of discharge from the military. Various circumstances can affect the effective date of a veteran’s disability benefits claim.
- Date of disability onset: The VA may also use an earlier date of disability onset if the veteran’s medical records clearly identify the date when the veteran’s disability began.
- Claim process: Veterans who must pursue a decision review or appeal of an initially denied claim may qualify for higher back pay due to the extended claims process.
- Disability rating: A veteran’s initial or updated disability rating will determine their monthly benefits and thus the amount of back pay they should receive.
- Dependents and other adjustments: Veterans with dependent family members or who qualify for other adjustments may receive higher disability compensation.
How the VA Pays Back Pay
The VA typically pays veterans their back pay as a lump sum payment after approving the veteran’s disability claim and calculating the total sum of back pay. In most cases, the VA will send the lump sum payment as a direct deposit to the veteran’s bank account designated for receiving their monthly compensation benefits. Most veterans can expect to receive their back pay within two to four weeks of the approval of their VA disability claim.
Tips for Veterans Seeking Back Pay
Veterans can maximize their back pay in a disability benefits claim by following best practices such as:
- Filing initial disability claims as early as possible to set the effective date for the claim
- Gathering complete medical records to document the onset of disabling symptoms and the treatment sought for the service-connected condition
- Appealing unfavorable claim decisions to secure approval for benefits or a higher disability rating
- Working with an experienced VA disability lawyer who can ensure a veteran receives the correct amount of back pay under VA regulations.
Contact a VA Disability Lawyer Today
When you successfully file a VA disability claim or appeal a denial of your claim, you may receive an award of back pay. Contact Veteran’s Legal Center today for a free initial consultation with a VA disability attorney to learn how the VA calculates back pay in disability claims.