Nashville VA Disability Back Pay Lawyers

The VA will review your claim and determine whether you are entitled to service-connected Veterans benefits. In the event that they rule in your favor, the clock starts running the minute you file your claim, not when the VA eventually awards compensation. In other words, you are entitled to compensation from the moment you file your claim or intent to file. Once your benefits are approved, you will receive a lump-sum payment from the VA. We’ll go through this in greater depth further down.

How Does Disability Back Pay Work?

The VA is compelled to pay claimants from the date of their filing (the day they receive your claim), not the day on which their application was eventually granted. This is referred to as the effective date. The day of their discharge shall be deemed the effective date for those who make a claim within one year of their release. This eliminates any motivation to delay the proceedings in order to safeguard the VA disability fund.

VA Disability Ratings

In addition to filing a claim, you or the VA may wish to state whether your condition has worsened or improved. The effective date for each disability rating change in your file is the date the VA receives your information.

How Much Back Pay can I Receive?

The amount of back pay you can receive is determined by the amount of time your claim is pending, your rating, and the corresponding VA compensation rate. So, even if your VA disability claim takes years to process, the effective date remains the day your claim was received by the VA. The amount of compensation you receive is also determined by your disability rating and the year’s cost of living adjustment.

The amount of back pay you can receive may be significant.

How is Back Pay Calculated?

The VA maintains a schedule of compensation for all of the years between the time you file your claim and the time the VA receives it. They’ll use this compensation table to figure out how much back pay you deserve.

Back pay is determined by two factors. The first is the date your claim was received by the VA, and the second is the severity of your disability. For obvious reasons, the more severe your disability is, the more back pay you’ll receive.

The VA and the veteran claimant may disagree on the effective date of their benefits in various situations. This may allow the VA to avoid paying back pay. In such instances, a lawyer can help you hold the VA accountable for the error.

Talk To A VA Disability Lawyer Today

Call the Tennessee veteran’s services attorneys at Comerford Law Office now if you have any concerns regarding submitting a VA disability claim or if there is a disagreement about your VA disability back pay.