Are you applying for Department of Veteran Affairs (VA) disability compensation in New York? You might wonder if you’re eligible for VA disability retroactive pay. You may be. The retroactive VA disability pay you’re eligible for can depend on the date your benefits officially start.
Check Your Eligibility for VA Disability Compensation
To be eligible for VA disability compensation in the first place, both of the following must be true:
- You currently have a condition (an illness or injury) affecting your mind or body.
- You’ve served on active duty, active duty for training, or inactive duty training.
At least one of the following must also be true:
- You developed your condition while serving.
- You had a pre-existing illness or injury that was worsened by your service in the military.
- You developed a service-related injury or illness that became evident after your time in the service.
There are some “presumptive conditions” the VA automatically assumes resulted from your service. There are also ways to strengthen your case with the VA if you decide to make a claim. Check the VA’s eligibility information to learn more.
How to Apply for Retroactive VA Disability Pay
You have to apply for VA disability compensation before you can receive retroactive pay. If you believe you’re eligible, you can file a VA disability claim online.
The VA offers the following tips to those filing disability claims:
- Gather evidence – The VA may want to review evidence to validate your claim. Common forms of evidence include VA medical and hospital records, private medical records, and supporting statements from witnesses. Learn more about the evidence you may need to include in a claim to ensure yours is as thorough as necessary.
- Learn about additional forms – Depending on your circumstances, you may have to include certain additional forms with your claim. Check the list of forms to see if any apply.
- Check forms thoroughly – It may seem obvious, but this is an important step. There are many potential reasons for a denial or delay. Failing to thoroughly or accurately complete application forms is one of the most common.
Be patient when awaiting the VA’s response. As of this writing, it takes an average of 159.2 days for the VA to make a decision on a claim. Strongly consider working with an experienced VA disability lawyer, as they can simplify this complex process.
Is VA Disability Pay Retroactive in New York?
Effective dates can vary depending on the circumstances, such as:
- Direct service connection conditions – This is if service caused or worsened your condition. The effective date in these circumstances is the later of the date the VA received a claim or the date you developed your first illness or injury related to the claim. Or, the effective date may be as early as the day after you leave the service. This may be an option if the VA receives your claim within one year of you leaving active service.
- Presumptive service connection conditions – If you apply for VA disability compensation within a year of leaving active service, your effective date will usually be when you first developed your injury or illness. If you submit your claim later than one year after leaving active service, the situation is different. In this case, the effective date is the day the VA received your claim or the date you experienced your first injury or illness, whichever is later.
The effective date for a reopened claim is the later date the claim was reopened or the date you experienced your first illness or injury. Naturally, the later of these dates will usually be when the VA receives your claim.
Does the VA pay retroactively to disability date? That depends on your effective date. The VA typically offers disability back pay compensation for the period between receiving your claim and approving it. You might not receive compensation for the time before you submitted a claim. However, as the breakdown above demonstrates, there can be exceptions.
There are also ways to get the VA to change the effective date. For example, you could show that an error during the initial review process made your effective date inaccurate.
Contact a New York Veteran Disability Lawyer
Navigating the VA disability system isn’t a task you need to handle alone. At Fusco, Brandenstein & Rada, P.C., a New York veteran disability benefits lawyer can help you with everything from gathering evidence to understanding your benefits to seeking retroactive pay for VA disability. Our knowledgeable attorneys can answer your questions and guide you through the complexities of the law. Learn more by contacting us online or calling us today at 516-496-0400 for a free consultation.