Can I Get VA Disability Retroactive Pay in New York State

Are you applying for VA disability compensation in New York? You might wonder if you’re eligible for VA disability retroactive pay if so.

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. 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 claim online.

The VA offers the following tips to those filing 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?

Can I Get VA Disability Retroactive Pay in New York StateIt can take a long time for the VA to approve a claim for disability compensation. When the VA approves an application, it will establish an “effective date.” The effective date is the date you may start receiving VA disability compensation.

Effective dates can vary depending on the circumstances, such as:

  • Direct service connection conditions  If service caused your condition or worsened it, yours is a direct service connection 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 left the service. This may be an option if the VA receives your claim within a year of you leaving active service.
  • Presumptive service connection conditions  Is yours a presumptive service connection condition? If so, and 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. The situation is different if you submit your claim later than one year after leaving active service. 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 of the 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 retroactive to disability date? That depends on your effective date. Usually, the VA will offer retroactive disability compensation for the time between when the VA received your claim and when they approved 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 resulted in your effective date being 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 lawyer can help you with everything from gathering evidence to understanding your benefits to seeking retroactive pay for VA disability. Learn more by contacting us online or calling us today at 516-496-0400 for a free consultation.

Categories: Veteran Disability

Last Updated : April 19, 2024
Available To Clients 24/7

We know how important it is to reach us when you need us. That’s why we provide 24/7 customer service so you can speak with an experienced legal professional at your convenience.

Request A Free Consultation