VA Compensation Back Pay Effective Dates + Calculator: With References!

​ @blackhawkbryan

Black Hawk Bryan Covers the General Rules for Effective dates then shows the government websites that explain how effective dates are determined in various situations. The references given will be able to answer most if not all of your Back Pay questions.

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[pilotgal]

I recently file a supplemental claim with a CUE review request. The CUE dates back to 1987 when I originally filed for disability when I mustered out of the Army. The VA apparently denied my claim in July 1988 but never notified me so I could appeal. I had 2 qualifying injuries - a TBI with a 6-inch gash to my head and an ankle/knee injury that took about a year to heal. But, C&P exams were never scheduled and I was simply denied. I never knew about the denial until I filed again in December 2022. The claim was approved at 10% on the TBI, 30% on the scar and 30% on the subsequent migraines (with an incorrect effective date of Jan 2023) but was denied on the knee/ankle again! I have 25+ years of doctor's records that I uploaded to the VA system plus my military records of the injuries and all the effects. I requested a CUE review via a supplemental claim and requested everything be backdated to 1987. Will let you know how it turns out!

[charlesamong]

Thank you for taking the time to break this subject down! It's very informative.

[antwanlewis]

Va screwed me smh: Intent to file 11/22, Claim submitted 12/22, Claim Denied 3/23, HLR Submitted 4/23, 100% 08/23. Back Pay was 4/23 instead of 12/22. Now the fight begins.

[clemmytemmy]

Does 38cfr 3.156 apply to BVA decision. I got BVA decision July 2016 denying OSA due to no diagnosis but was diagnosed by VA same July 2016 and was given CPAP. Just got approved with effective date of April 2023, can I get earlier effective date?

[teeybannister]

If you’re been 100% for 2 years. 8 months ago you file for an increase that was 30%, you got approved and increased it to 70%. Do you still get back pay from the 30 to 70? Also does back pay depend on when you got the diagnosis?

[garywarren]

Max VA: My question is if I filed a claim in 2007 but was denied until 4/2018 (Legacy), then filed a Supplemental Claim with an Intent to File in 3/2019 within the one-year appeal (AMA), and was granted 30% of this year (2023), do I receive back pay from 2007 if I filed a Motion for Revision based on Clear and Unmistakable Error even if I am a 100%? Also, I included in the Motion the error of the one-year appeal and various errors (pleadings). Again, can I receive back pay from 2007 even if I am a 100%? Thank You

[Randall-pz]

How bout this boss. Nov 2019 10%----Nov 2021 40%----Nov 2023 100% P&T Can you get me a ballpark figure?