In this article, we answer frequently asked questions about how VA disability back pay works. You can also read our client victories page to see examples of the back pay awards our clients have won.
Q
What is VA disability back pay?
A
VA disability back pay compensates veterans for the difference between the amount of disability they were paid, if any, and the amount they should have received. VA decisions can often take a long time, especially if a claim is denied and appealed. Back pay was created to ensure veterans are paid for the time spent waiting on a claim decision, when they should have been paid for their disability.
Q
How does VA disability back pay work?
A
Back pay covers the time between the effective date of a claim and when a decision was ruled in favor of the claim. After a claim is closed, veterans are usually given a single check to cover the time period they were not being paid. If you win your claim, you automatically qualify for back pay. Each person’s back pay depends on their situation as well as the disability rating they are given.
Q
How do I get back pay from the VA?
A
The first step to receiving back pay is making sure the VA knows your correct effective date. This date will determine the amount of money you are owed. If a veteran files a claim and is awarded a rating, they are most likely qualified for and owed back pay. Use our back pay calculator to calculate how much compensation you may be owed.
Q
How long does it take to appeal a VA decision?
A
The appeals process has changed since the VA switched from their “Legacy” appeal system to the new “AMA” appeal system. For this reason, there are several ways a person can go about appealing an unfavorable decision. All differ in how long the process takes.
Q
How do I know if I am eligible for back pay?
A
If you win your claim, you automatically qualify for back pay. However, there are several factors that may affect your eligibility or how much compensation you are owed such as your disability rating, effective date, number of dependents, and more.
There are many factors that will affect a veteran’s back pay:
- Previous or current disability rating
- The effective date of a claim
- How many dependents a veteran claims
- If the veteran is married and their partner receives VA benefits as well
- How and if the VA paid the veteran while their claim was being appealed
- If there were errors in the previous decision on a claim
Q
How far does disability back pay go?
A
Typically, the effective date for VA disability back pay is the day the claim was originally filed, but there are some exceptions. This date determines how much back pay will be awarded. Knowing the correct effective date is important because it can mean the difference of thousands of dollars in back pay.
Q
What affects the size of a VA back pay check?
A
There are two main things that affect the size of a back pay check. The first is the effective date, and the second is the disability rating awarded to the veteran.
Q
Is there a limit to back pay?
A
There is no limit to the amount of back pay a veteran can receive. The VA must pay the difference to account for the period of time between a veteran’s effective date and when the correct ruling was made.
Q
How long does it take to get disability back pay?
A
It can take months to years for a veteran to be approved for disability benefits and compensation. The average wait time to receive a decision on a claim is currently 104.8 days, but appeals often take much longer. After your claim is finalized, the VA should send your first payment within 15 days. When the time comes for you to receive your back pay check, it should come in one lump sum.
Q
What was the biggest back pay check ever awarded?
A
It is not known what the largest back pay check ever awarded was. However, Thomas Nielson was a Korean war vet who was denied benefits and spent over 50 years appealing the VA’s decision. When his claim was finally ruled in his favor, he was awarded a staggering $720,000, one of the largest back pay checks ever.
