Legal Question in Veterans Law in Alabama

Does the VA owe disability pay from the filing date, or determination date?

I retired from the military in September of 2006 and filed a disability claim in October 2006. The VA made an 80% determination one year later in October of 2007.

I was assured by the VA that no matter how long the process took, that once they made their determination, it would be retroactive to the date I filed my claim and not the date it was actually awarded. Now that the determination has been completed, the VA is telling me that they are not required to back-pay me for the 12 months used to process my claim. I can't get three people to agree on the correct answer to this question including the VA! Can you please help? Thank you


Asked on 11/29/07, 10:58 pm

2 Answers from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: Does the VA owe disability pay from the filing date, or determination date?

Usually, if you file a claim within a year of discharge and your disability was noted at that time, you should get an effective date of the day after discharge. Your effective date should at least, in general, be the date they received the claim. There may be other factors involved in your particular case. Just keep on it until you get an answer. If they give you an explanation that doesn't make sense, or if you don't get a statement of the case explaining the discrepancy, then an attorney should be able to review the paperwork and tell you how to proceed. Good luck.

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Answered on 11/30/07, 7:59 am
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Does the VA owe disability pay from the filing date, or determination date?

You may be able to get payment from your filing date; however, I need to know more details to better assess the situation. I handle Veterans Affairs issues. Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 11/30/07, 7:59 am


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