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.
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.
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.
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.
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.
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.
Benefits received for Schizophrenia
Benefits received for depression
Military sexual trauma
TDIU due to a spinal impairment
PTSD as a result of racial abuse
Clear and unmistakable error for spinal impairment
Earlier effective date for back/migraines
Service connection for a spinal condition secondary to flat feet
Retroactive pay regarding the failure to account for all the veteran’s medical conditions
Military sexual trauma case
Retroactive pay regarding a PTSD misdiagnosis
PTSD resulting in Unemployability
Traumatic brain injury case
Post-traumatic stress disorder (PTSD)
Non-presumptive cardiac impairment linked to Agent Orange
Agent Orange exposure case that led to Parkison’s disease
Jim Comerford is an exceptional lawyer and provides outstanding service. My family is extremely grateful for the services he has provided and the outcome for the disability benefits my father receives. Jim is diligent and works hard to obtain results. Our family is thrilled and very grateful for Jim's commitment and efforts. He has blessed us tremendously.
I want to thank James for a job well done. He was able to get all my back pay and my disability rating from 50% to 70%. I can't say enough about a job well done. And very accessible when you have a question. I highly recommend him on your VA cases. In fact, I've given the local VSO his official website for problems they have encountered with the VA process. Thank you, James.
Comerford Law did an outstanding job helping with my VA claim. Jim was very responsive to emails and phone calls. I highly recommend this law firm. Very professional. Mr. Comerford has done an excellent job working through my appeals and my unemployability approval.
James Comerford demonstrates he is a lawyer that will help veterans seek the compensation they deserve. He does not give up too easily. His track record proved to me, I needed his support and assistance. He was the hope I was looking for to put hope and life back into my claim and give it some respect, so those on the Board of Appeals would take my case a little more seriously. He provided me with hope and supported me…
What I liked about Jim Comerford from the start was that his Dad was a Vietnam veteran. He understood more than the average person. Jim took over my case well before bladder cancer was on the presumptive list. He stayed with me the entire time via two claim rejections, my final hearing, a VES interview, and whatever else the VA threw our way. He handled all the details. Telephones were always answered by a real person (Jim) and answers didn’t…
Comerford Law puts 110% into getting what his VA clients sacrificed so much for and gets results. I give Comerford Law a 5-star review.
From the start, Mr. Comerford was prompt, as a matter of fact, and yet empathetic. When we first spoke on the phone, Mr. Comerford took the time to listen to my military history and then to help formulate a plan based on my circumstances. I had access to Mr. Comerford by both email and phone. I was never denied time or a call. I am convinced that by using Mr. Comerford's services, I received the best rating based on my…
Jim is very thorough. I have been getting the run around by the VA since I initially filed in 2014 and just had my BVA hearing so I have not yet received a decision from the judge. I previously had the American Legion and then the DAV as representatives and they truly dropped the ball. Jim was able to show and explain to me where mistakes had been made and he also helped me to retrieve documents I thought had…
My lawyer James Comerford did an awesome job for me and my wife on my disability case. And we did win my disability case after fighting the system. I would want him on my side. I would like to thank him, he is a great guy.
My husband, a Vietnam Vet, filed a claim for an increased rating due to his PTSD, depression and other issues in 2011. If the Veteran approved a claim it was one that stated we agree the claim condition exists, but it is non-compensable. For many years we had someone else working with us and was disappointed with their ability to help us. Many times I filed the paperwork myself. It reached the point where I almost gave up hope. Then,…
Mr. Comerford is a brilliant lawyer who assisted me with my VA disability case. I had been denied in the past, and he knew exactly what to do. Thankfully, he resolved my issue with the VA, getting me the rating I deserved. I am very happy and pleased with his service. I highly recommend Mr. Comerford for your disability needs if you are having problems. He is professional and responds very quickly whenever you may have questions or concerns.
Jim has been unbelievable in my VA disability case. He is down-to-earth, compassionate, realistic, and knowledgeable. Jim explains everything so you can understand and treats you with the utmost respect. I greatly appreciate his rapid response to calls and emails. If he is unable to take your call he gets back to you very fast. Jim helped me get the rating I deserved and kept me informed along the way. He even found increased ratings where I did not think…
More than a decade of fighting the VA for benefits and traveling through the delays and denials. I concluded that I was in need of someone who really cares about helping a veteran. After having various service officers I was still feeling left behind. I made the decision in retaining someone who knew how to drive through the roads of delay and denials and that someone you should know is James Comerford.
I approached The Comerford Law Office because I had been working on my VA claim for over 5 years with little progress. Jim Comerford helped me by compiling the necessary documents and professional opinions needed for my claim. The result was that I finally received the hearing I had been waiting years for. Not only did I get my hearing, but Jim was there to represent me and give the correct, relevant information that was vital to my claim being…
He assisted me with my case and did an outstanding job. I am very thankful!
I was on full disability in 2005. I gave it up because I thought I could work. 3 years later I was back where I started. I found Mr. Comerford by accident. Let me tell you he went to bat for me, he worked for a large law firm where everyone was just a file/number. He opened his own practice, small but knows everyone personally and by name. When I was down he didn't quit. When the judge denied me…
James is an absolutely great lawyer. He fully understands his area of expertise, he’s quick to answer any questions with clear, concise directions on how to proceed. His insight into understanding how to navigate with many case laws and government agencies helped me as his client better understand the case law and its ways. James is quick to answer emails and phone calls and made me feel very comfortable. I highly, highly recommended James for his case law specialties. A…
Jim is absolutely one of the nicest, most compassionate, and intelligent lawyers out there. He is fast to answer any question with clear, concise direction. His insight into understanding how to navigate with many government agencies helps his clients in many ways. Jim is quick to answer emails and calls and makes his clients feel very comfortable. Highly, highly recommended.
I had gone on disability before and got better so I went back to work again. When I got bad again and applied for disability, it was unbelievable. It was hell. I got hooked up with Jim, and he was an incredible human being as well as a wonderful lawyer. I definitely recommend anyone who needs a disability lawyer to use Jim.
My original disability claim had been filed by a company claiming to specialize in disability---yet I was never allowed to speak with an actual attorney and I did everything except the original electronic submission of the claim---which was compiled by a low-level intake person. I dismissed them after my original claim was denied. I was immediately delighted to have found Jim. My first call was with Jim personally and he was thorough and informative. He has extensive expertise and reassured…