What do I need to get service-connected disability benefits?

Generally, a veteran needs to show that they sustained an injury or contracted a disease during their time in service; that they currently have a disability or disease; and that their current condition is related to their in-service injury or disease.

Am I entitled to service-connected disability even if my injury occurred while I was off duty?

Generally, yes. If you injured your lower back while playing sports while in service, you would be entitled to service-connected disability if your current disability is related to that in-service injury.

Can I do anything if I receive an unfavorable decision from the VA Regional Office?

Yes. A decision from the Regional Office is the first, not the last, decision within the VA system. You have one year from the date of the Regional Office decision to contest the decision with the VA.

How much do I have to pay, and do I have to pay up front?

No one is allowed to charge veterans for assisting with filing an initial claim with the VA. Attorneys charge a contingent fee of 20% of past-due benefits — you only pay if you win.

I already received an unfavorable decision from a BVA Judge — is there anything I can do?

Yes. You can sue the VA in the United States Court of Appeals for Veterans Claims. If you win, your attorney may be entitled to fees paid by the VA under the Equal Access to Justice Act.

Do I need a lawyer, or can I represent myself?

There is nothing that prevents you from representing yourself. However, we strongly recommend retaining an experienced lawyer to represent you at every stage.

Your firm is in Florida — I live in another state. Do I need a local lawyer?

No. The VA is a federal agency. The vast majority of BVA hearings are virtual Zoom hearings, allowing us to represent veterans nationwide.

If I am awarded 100% Service Connected Disability, am I still allowed to work?

Yes. Excluding TDIU, there are no rules that prevent a 100% schedular-rated disabled veteran from working part or full time.

How does the VA determine my monthly compensation amount?

The VA calculates your payment based on the degree your disability would impair the average person. The VA uses the Schedule for Rating Disabilities, using multiples of 10 (10%, 20%, 30%, etc.).

Veterans’ Disability • VA & Other Medical Malpractice • Social Security & SSI Disability • State Disability Retirement • Florida Commission on Ethics

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August 3, 2026

How Far Back Can VA Disability Back Pay Go?

Usually back to your filing date. File within a year of discharge and it can run from separation, and a successful CUE motion can reach back decades — in our…

By N. Albert Bacharach, Jr. — U.S. Department of Veterans Affairs accredited attorney (Accreditation No. 14363; VA POA Code 4EQ), Florida Bar No. 209783. Fifty years representing veterans nationwide.

Quick answer: Usually to the date you filed your claim. But there are important exceptions: if you file within one year of discharge, benefits can run from the day after separation; if a final decision is revised for clear and unmistakable error (CUE), benefits run from the original claim — potentially decades. In our firm’s Baker v. McDonough case, the Federal Circuit’s decision led to benefits retroactive to 1992.

The General Rule

Under 38 U.S.C. § 5110, the effective date of an award is generally the date the VA received your claim or the date entitlement arose, whichever is later. Every month between your effective date and the VA’s decision is paid as a lump-sum retroactive award.

The One-Year Separation Rule

File within one year of leaving active duty and your effective date can be the day after separation — one of the strongest reasons not to wait after discharge.

Rating Increases

For an increased rating, the effective date can be up to one year before your claim if the evidence shows the worsening occurred in that window.

CUE: The Decades-Back Exception

When a final decision is revised for clear and unmistakable error, the VA must pay as though it had decided the claim correctly the first time. That is how retroactive awards reaching back ten, twenty, or thirty years happen — as in Baker, where the erroneous decision was issued in 1992.

PACT Act Claims: Check Your Effective Date

The PACT Act’s mandated effective date for many toxic-exposure claims is August 10, 2022 — the day it was signed. The VA has acknowledged that thousands of PACT Act awards used the veteran’s application date instead, shortchanging veterans on back pay. If you received a PACT Act award, the date on your decision letter is worth a second look.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different.

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