Claims help · Back pay
How Veterans Lose Back Pay, and How Not To
Back pay is calculated from your effective date, and small timing mistakes can move that date by months or years. These are the ones to avoid.
- No Intent to File
- Missed 1-year windows
- Breaking continuity
- Old evidence
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Four Costly Timing Mistakes
- Waiting to file without an Intent to File. An Intent to File (VA Form 21-0966) holds your date for up to a year while you gather evidence.
- Missing the post-discharge window. Filing within one year of separation can set your effective date to the day after discharge.
- Letting a decision sit too long. Filing your next review within one year keeps the claim continuous and generally preserves the original date.
- Filing an increase with stale records. The effective date for an increase can reach back up to a year, but only if medical evidence shows when it got worse.
How the Date Is Set
The general rule is the later of the date the VA received your claim or the date entitlement arose (38 CFR 3.400). Payments begin the first of the month after the effective date. Back pay covers the difference between what you were paid and what you were owed for each of those months. Run the numbers in our calculator.
Effective Date Mistakes: Common Questions
Is it too late to get back pay?
Not necessarily. Your effective date is generally the date of your claim or Intent to File, so filing now still starts the clock.
How do I file an Intent to File?
Online at VA.gov, by phone, or on VA Form 21-0966. It takes minutes.
Do appeals reset my effective date?
Not if you file the next review within one year of each decision. That keeps the claim continuously pursued.
How far back can an increase go?
Up to one year before the VA received your claim, if medical evidence shows the increase happened then.
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