After struggling with a VA Claim for years, the one thing you can really look forward to is back pay. There are a lot questions Veterans have regarding Disability Back Pay, hopefully this blog will answer some of the questions you may have.
The biggest misconception about VA Disability back pay is that it will start from the time your injury occurred, or when you were discharged. That simply isn’t true. Back pay usually goes back to the date the claim was originally filed. For instance, if you were discharged in 2005, but did not file a claim until 2008, your back pay would go back to the month in 2008 in which you filed your 21-526. (If you are approved)
You probably read that and are thinking “I know someone who got his disability back pay from the time he got out of the service.” That Veteran probably filed his claims as a part of his discharge process or within one year of discharge. This often occurs in Veterans who had substantial physical injuries while serving. It is also common with younger Veterans who are now more aware of the disability process.
Another problem Veterans have when it comes to back pay is the situation with closed claims. If at any time your VA Disability Claim closes, your back pay also goes away. Let’s say you filed a VA Disability Claim in October of 1994. In November of 1995 the VA sent you a denial letter. You only have one year from the date listed on the denial letter to file a notice of disagreement (NOD). If you waited more than a year to file a NOD, or if you neglected to file an appeal, then your claim closed, and thus you lost all of the back pay you would have accumulated.
It’s easy to miss the dates of deadlines if you are representing yourself for your VA Claim. Our team can represent you at hearings, submit evidence to the VA, and of course, remember those deadlines. Call us today for a free consultation: 1-877-526-3457