Question
I'm currently 100% P&T as of April 2024. I have an older appeal that I have been fighting since 2021. My question is: If my appealed claim is increased with an effective date in 2021, will I get retroactively paid from 2021-2024 - adding that increase across all claims until I "would've" been 100 percent or just retroactively paid a few months earlier than my April 2024 claim getting me to 100%?

Answer
Thank you for submitting a question. Based on the information you provided, it appears that you are interested in knowing more about effective dates.

In general, when you first apply for VA benefits, the start date for any awarded benefits is usually the date the VA received your claim or the date you became eligible, whichever is later. For an increase in your disability rating, the VA will go back to the earliest date it can clearly tell that your disability worsened, as long as you submitted your claim within one year of that date.

While we can’t give an exact answer without more details, it will depend on the amount of increase and the timing of your claim. If the VA grants an increase, you would receive retroactive pay from 2021 through 2024, based on the effective date of the increase. If these increases result in a 100% disability rating, the timing of when your disability is considered "permanent and total" (P&T) will be important. Total disability means a mental or physical impairment severe enough to prevent someone from holding a job. The VA considers a disability permanent when it is likely to last for the rest of the veteran's life. You can find that specific info at 38 C.F.R. §§ 3.340, 4.15.

Thank you so much for reaching out to us, and we wish you the best!

The Veterans Consortium Pro Bono Program