VA Disability Back Pay

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Chicago VA Disability Back Pay Lawyers

A VA disability claim can take a year or more to process. The VA will go over your claim and analyze whether or not you can still do some work even if you are injured. In cases in which they decide in your favor, the clock begins ticking at the moment you file your claim, not when the VA finally gets around to awarding benefits. In other words, you are entitled to compensation beginning with the date of your filing. The VA disability back pay is paid to you in a lump-sum check once your benefits are granted. Below, we will discuss this in more detail.

How Does Disability Back Pay Work?

In the simplest possible terms, the VA is required to pay claimants from the date of their filing (the day they receive your claim), not the date on which their application was finally granted. This is known as an effective date. Those who file a claim within one year of their discharge will have the day after their discharge considered the effective date. This removes any incentive to stall the process to protect the VA disability fund.

VA Disability Ratings

In addition to filing a claim, the VA or yourself may want to say that your condition has either worsened or improved. For each disability rating change to your file, the effective date is the date on which the VA receives your information. 

How Much Back Pay can I Receive?

There is no limit to the amount of back pay you can receive. So, if your VA disability claim takes years to process, the effective date is still the day the VA received your claim. The amount of pay you receive is likewise related to your disability rating and the cost of living adjustment for the year.

There is no limit to the amount of back pay you can receive.

How is Back Pay Calculated?

The VA has a table of compensation for all of the years prior to you filing your claim and the VA receiving your claim. They will look at this compensation table to determine how much back pay you should receive. 

The back pay is related to two variables. The first is the date the VA received your claim, while the second is related to the extent of your disability. For obvious reasons, the more severe your disability is, the greater your back pay is likely to be.

In some cases, a dispute can arise between the VA and veteran claimant over the effective date of their benefits. This can get the VA off the hook for back pay owed. In those cases, a lawyer can help you hold the VA accountable for the mistake.

Talk to a VA Disability Lawyer Today

If you have any questions about filing a VA disability claim or there is a dispute concerning your VA disability back pay, call the Illinois veteran’s services attorneys at Comerford Law Office today to learn more about how we can help. 

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