Retroactive Pay?

[renegade09]

Hi everyone,

I'm seeking information on what to expect in retroactive pay and how soon they make that payment.

My service ended Sept 2013 and I submitted my first claim on June 10 2014. I just received an award letter for 70% rating. I was wandering what would be the date of my retroactive pay and how soon to expect it?

Thanks in advance!

[Djdan48]

You should have your retro to June 2014 any day now. Congratz!

[Fat]

Congrats...................

[Guest]

I agree that you should have your retro any day now.

But since you filed your claim within one (1) year of your discharge your retro could/should go back to Sept 2013 the day after you discharge.

Congrats on your win.

[Djdan48]

You should have your retro to June 2014 any day now. Congratz!

[broncovet]

The short answer is "we dont know". If you are career military, then often they hold up your retro to do an "audit", so your VA comp and retirement is reconciled. I think its just and excuse to delay. The VA loves delays as it always benefits them. I have seen it take up to a year for VA comp/ retirement concurrent receipt, to be reconciled. They dont want to give you retro, only to have to take it back.

[Guest]

Effective Dates §3.400 General.

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

(Authority: 38 U.S.C. 5110(a))

(a) Unless specifically provided. On basis of facts found.

(b) Disability benefits—(1) Disability pension (§3.3). An award of disability pension may not be effective prior to the date entitlement arose.

(i) Claims received prior to October 1, 1984. Date of receipt of claim or date on which the veteran became permanently and totally disabled, if claim is filed within one year from such date, whichever is to the advantage of the veteran.

(ii) Claims received on or after October 1, 1984. (A) Except as provided in paragraph

(b)(1)(ii)(B) of this section, date of receipt of claim.

(B) If, within one year from the date on which the veteran became permanently and totally disabled, the veteran files a claim for a retroactive award and establishes that a physical or mental disability, which was not the result of the veteran's own willful misconduct, was so incapacitating that it prevented him or her from filing a disability pension claim for at least the first 30 days immediately following the date on which the veteran became permanently and totally disabled, the disability pension award may be effective from the date of receipt of claim or the date on which the veteran became permanently and totally disabled, whichever is to the advantage of the veteran. While rating board judgment must be applied to the facts and circumstances of each case, extensive hospitalization will generally qualify as sufficiently incapacitating to have prevented the filing of a claim. For the purposes of this subparagraph, the presumptive provisions of §3.342(a) do not apply.

(2) Disability compensation—(i) Direct service connection (§3.4(b)). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. Separation from service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated.

Since you filed within one (1) year of your discharge, your retro/back pay should go back before June 2014 Unless you were on terminal leave. What is the date of your discharge on your DD 214?

Bronco is correct, if you retired it will take a lot longer than if you just got out without any retirement.

Edited June 7, 2015 by pete992