Veterans often have many questions about the complex process of applying for disability benefits from the Department of Veterans Affairs (VA).
Even if a veteran’s application is successful, he or she may be confused about when benefits will actually be paid out.
Below, The Nye Law Group’s Savannah veterans’ disability lawyers explain how to determine when you should start receiving benefits.
If you have questions about this or other aspects of the disability benefits process, contact us today for a free consultation. We help clients with every aspect of their VA disability application.
VA DISABILITY EFFECTIVE DATE
When the VA determines that you are entitled to disability pay, it also assigns an effective date. This date determines when your benefits are payable. Different dates are assigned based on the type of benefits you are eligible for and the circumstances surrounding your claim.
Here are some of the most common types of claims and the effective dates associated with them:
When you are awarded benefits for a disability that is directly related to an injury or disease that was incurred because of or aggravated by military service, the effective date is the date the VA received the claim or the date your entitlement arose, whichever is later. Entitlement arises when there is medical evidence that shows the service-connected condition existed.
If the claim is filed within one year of separation from active military service, the effective date is the day following separation.
If there is a disability that is presumed to be related to military service, the effective date is the date entitlement arose or when the VA received the claim. However, if the claim is received after one year of release from active duty, the effective date is the entitlement date or date of receipt of the claim, whichever is later.
DEPENDENCY AND INDEMNITY COMPENSATION
If the veteran died in service, the effective date is the first day of the month following the actual or presumed date of death. If the veteran died after service and the VA received the claim more than a year after the date of the veteran’s passing, the relevant date is when the VA received the claim.
Many veterans are given incorrect information about the amount of back pay they are entitled to receive.
The amount of back pay is intrinsically tied to the effective date. The first check or deposit you receive is for the months of entitlement while your claim was pending. Veterans should take special care in securing this large payment.
WHEN WILL YOU RECEIVE YOUR FUNDS?
You should receive your funds within 15 days of receiving your award letter from the VA, depending on how you choose to be paid. Checks are sent out at the beginning of the month for the previous month’s benefits.
Direct deposit authorization helps speed up the process and prevents lost checks. You should receive a direct deposit enrollment form with your award letter.
CONTACT AN EXPERIENCED VA DISABILITY LAWYER TO DISCUSS YOUR LEGAL OPTIONS
Effective dates are often figured incorrectly, which can affect a veteran’s right to benefits. That is why you should strongly consider hiring an experienced attorney to conduct a claim review to ensure that the correct effective date is used and the correct impairment rating is applied to ensure that you receive the maximum amount of benefits you are entitled.
The attorneys at The Nye Law Group can also help you file your initial application and guide you through any appeals if you are denied. We are committed to trying to recover all of the compensation you deserve for the injuries you are dealing with.
We take cases on a contingency fee basis, so your initial consultation is free and legal fees are not charged unless we recover fair compensation.
Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.