The VA can hold up payment on disability compensation due to several issues:. By no means is this program meant to produce an exact amount of your VA disability benefits or your exact VA disability rating, compensation rates may slightly vary from case to case. Our firm was founded in in Orlando, Florida. Since that time, we have provided compassionate yet assertive representation for our clients.
While we still have our home base in Florida, we represent clients nationwide. Learn more about us. Veterans Disability Claim Contact Us. Orlando, FL: E. Skip to primary navigation Skip to main content Skip to footer Search this website. Get a Case Evaluation. I understand What are VA disability retro benefits? To calculate an estimate of your retro benefits How far back should retro benefits go? Did the veteran already have a rating or combined rating?
How far back does the condition go? Did the veteran have a change in the number of dependents dependent parents included or eligibility? The VA can hold up payment on disability compensation due to several issues: Being unable to find the Veteran — make sure they have your current address and banking information for direct deposit.
The VA uses existing information they have on file, which may not always be your current address or banking info. If a Veteran requires a fiduciary — if a Veteran has been found incompetent to handle their funds, they will have to find a person to do so for them before their award is issued.
If the Veteran received severance, disability, or retirement pay during the effective time of the retroactive disability pay, or for the same condition they were medically discharged from active duty service for, the VA will have to calculate and deduct those payments from the amount of back pay.
The earlier the effective date, the longer the award will take due to the changes in the amount of each rating level payment for different years due to annual COLA Cost of Living Adjustment raises. I understand. To begin, select the year and month when you first should have gotten a larger disability payment than you received.
Pin 1. Share VA Disability Back Pay is a payment of all the money that the veteran should have been receiving for the months in between their date of eligibility and their VA rating decision. First, if the veteran submits a VA Disability Claim within one year of their date of separation, their date of eligibility for VA Disability Back Pay is the date of separation. 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.
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. The additional 13 months of VA Disability Back Pay he could have received had he submitted his claim one month earlier is 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.
The law also states that the change should affect all ratings of that condition from on. Changes in law like this do not happen very often, but they do happen every now and then. Veterans qualify for disability benefits before their claims are processed, but won't start receiving the benefits until after they are fully processed.
The VA pays Back Pay for the period of time when the veteran qualified to receive benefits to the time the benefits begin. 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.
Once your claim is fully processed, the VA will start your monthly payments. We have represented clients at every phase of the VA disability benefits process, including appealing a denial of benefits. Court of Appeals for Veterans Claims. You Counted on Their Promise to Pay.
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