Veterans with service-connected illnesses or injuries may qualify for VA benefits. Navigating the VA disability system can be tough, especially after initial denials or low ratings. In this blog, we’ll explore whether back pay is available after a VA disability appeal and how it is determined.
What is VA Disability Back Pay?
VA disability back pay is the money a veteran receives for the time between the effective date of their disability claim and the date the VA approves the claim or appeal. This payment is given to veterans to compensate for the period they were entitled to benefits but did not receive them. It is calculated based on the effective date of your claim, which is typically the date the VA received your application for benefits. If the claim is approved, back pay is provided from that effective date to the date the claim is processed. The amount you receive depends on the disability rating you were assigned and the time that has passed since the effective date.
How Back Pay is Awarded During an Appeal
During the appeal process, veterans may be entitled to receive benefits from their original effective day. If the appeal is successful, the veteran may be able to receive back pay starting from their original effective date. Additionally, veterans may be able to receive back pay after a successful appeal. This commonly happens if the VA increases the disability rating or grants a benefit that was previously denied. Such as, if a veteran receives a higher rating, they would receive back pay for the difference in benefits, going back to the effective date. The VA calculates this amount by looking at the difference between what was originally awarded and what should have been awarded based on the successful appeal. That amount is then multiplied by the number of months between the effective date and the decision date.
How Long Does it Take to Receive Back Pay After an Appeal?
The timeline for receiving back pay after a VA disability appeal can vary. On average, it may take several months for the VA to process the appeal and disburse the back pay. However, the timing can depend on several factors. For example, a well-documented appeal case typically takes less time to be processed versus a complex and unorganized appeal. A well-organized appeal with all necessary documentation can expedite processing and potentially speed up back pay.
Get Help With Your Appeal
Appealing a VA decision can be stressful and frustrating at times, especially if you aren’t receiving the compensation you deserve. An experienced VA benefits attorney can help you not only receive a favorable outcome with your appeal but also make sure you receive all the back pay you are entitled to. Here at Veteran Esquire Legal Solutions, PLLC, we can help. Contact our Veterans Law Attorney to schedule a free case consultation today.