If the effective date of my VA disability was just backdated, will I get back pay?

2018-06-12T22:36:42-04:00

I just got my increase from a 30 to a 70 on my claims.
I first stated with a 0% for my migraines and now I have jumped to a 50% . I was wounded if I am going to get any back pay?. My effective date says it is Feb 2 2018 and it just got changed this month ?

Response by SPC Joseph Wojcik made Jun 12 at 2018 11:03 PM

2018-06-12T23:03:07-04:00

You'll at least get the back pay for your initial rating.

Response by SFC William Farrell made Jun 12 at 2018 11:50 PM

2018-06-12T23:50:50-04:00

The back pay should be to the effective date of your new rating SPC Taria Clayton. All the best and stay well.

Response by Capt Daniel Goodman made Jun 13 at 2018 12:04 AM

2018-06-13T00:04:45-04:00

http://www.vetadvocates.org

Trust me, aside from the vet groups and law school vet law clinics, NOVA attys are the nest, they helped us, let them help you, give them whatever retainer they need, let them take any contingency fee VA allows them, then sit back and do exactly as they say, try for one on their search engine or call their OTC for one who's themselves a vet, we licked out and found a very experienced one, however, trust me, they're all highly qualified, promise, they're the top of the VA disability Atty food chain so far as we've found thus far, honest, my wife and I, let them help you ifmyou need more help, we started with a vet GRP then transferred to one of the NOVA guys, if you care to chat I can explain more from the user perspective, however, I'm not an Atty, and never could never one, we just found out there's a very real reason God made lawyers, honest....

National Organization of Veterans' Advocates (NOVA)

The National Organization of Veterans' Advocates, Inc. (NOVA) is a not-for-profit educational membership organization incorporated in the District of Columbia

Response by SSG(P) Dan Keene made Jun 13 at 2018 1:34 AM

2018-06-13T01:34:57-04:00

Now appeal and request back pay to date condition occurred or date of first denial. Always appeal every determination. If you are granted an appeal you have to convince a civilian judge you deserve it, not somebody at VA.

Response by PO3 Phyllis Maynard made Jun 13 at 2018 5:31 AM

2018-06-13T05:31:10-04:00

The way back works is from 30% to 70% goes this way. You had been receiving 30% prior to your increase. So your current rating cane at a 40% increase. You will not be paid a total of 70% as back pay because you were getting 30%. Your rate of back pay from February 2018 would be the difference between 30% and 70% which is 40% .

So the first thing you should do is call the VA National Center at [login to see] and ask them to break down exactly what you were paid and tell you how much was back pay OR if they did not pay you back pay ask them why. IF it was an oversight, it can be corrected with a center representative.

I was a Disabled American Veterans Service Officer for 13 years working claims,finding solutions, and running down the correct answers.

Response by SGM Private RallyPoint Member made Jun 13 at 2018 7:47 AM

2018-06-13T07:47:06-04:00

Yes

Response by SFC Private RallyPoint Member made Jun 13 at 2018 10:19 AM

2018-06-13T10:19:23-04:00

My dad received back pay for ten years. He had a heart attack in 2002, in 2012 the VA said it was attributed to Agent Orange, he received back pay and is still receiving pay for it. So I think that you would

Response by SFC Andrew Miller made Jun 13 at 2018 1:15 PM

2018-06-13T13:15:28-04:00

Your retroactive pay will be the difference between 30 and 70 percent for March, April, and May. If you are single about $2,845 in retro.

Response by SGT Frank Leonardo made Nov 16 at 2018 4:33 PM

2018-11-16T16:33:53-05:00

Yes you will get back pay to the date

Response by SFC Private RallyPoint Member made Jan 20 at 2020 3:07 AM

2020-01-20T03:07:52-05:00

Yes, you will receive pay based upon the effective date of 2 February 2018.

Response by 1SG Private RallyPoint Member made Jan 20 at 2020 10:50 AM

2020-01-20T10:50:38-05:00

You will be paid at the 70% rate as of the effective date of the rating change, usually the claim file date. It is not retroactive to the initial rating date or date of injury unless a "clear and unmistakable error" occurred. You'd know if that was the type of claim you had filed.

Response by SSG Gordon Holmes made Jan 21 at 2020 12:19 AM

2020-01-21T00:19:52-05:00

I just received back pay for a 40% increase backdated to when I filed the claim in 2007.

Response by SPC Richard Zacke made Jan 30 at 2020 4:31 PM

2020-01-30T16:31:04-05:00

You should get back pay if you did not have a gap in your of more than one year. You have to keep your case active for each year while your waiting my back pay was $16,000 in 1994 but my wife's ex husband asked me to help him with his disability case which I did because he was wounded badly in viet nam...he got $280,000 and did'nt offer me a dime for all the work I did on his case which he would have lost if not for me. And I'm not blowing my own horn or bragging but he was a drunk that would have let his case lapse and he would have lost all that money.