Retroactive Benefits
Retroactive benefits are often owed to Veterans or their surviving dependents if a claim is granted. The retroactive benefit is the accrued award from the date of the claim submission (effective date) to the date of the enactment (Rating Decision).
VA will utilize the effective date to establish the retroactive payment amount. Bergmann & Moore created a calculator for Veterans to estimate their potential retroactive payment here.
Effective Date
As a general guideline, the effective date is usually the date a claim was filed.
For example, in most cases, if you filed your claim on January 1, 2021, and VA granted your claim on August 5, 2021, your effective date would usually be January 1, 2021. Therefore, VA would be required to pay retroactive benefits between January and August and then make monthly payments thereafter based on your percentage rating and dependents. See the 2023 Disability Compensation Rates here.
However, you may be entitled to an effective date earlier than the one assigned by VA if you previously filed a claim for the same disability.
Bergmann & Moore has been successful in winning earlier effective dates for Veterans and their surviving dependents. If you’ve received an unfavorable decision from VA, Bergmann & Moore may be able to help.
Please fill out our Free Consultation form to get started.
One of the largest law firms in the country practicing solely in the area of Veterans’ benefits. Managed by former VA attorneys. We know the journey and can get you through.
Disclaimer: This information is not legal advice. Using this information, understand that there is no attorney-client relationship created by reading or using the information on this website.