Sir, what about this?General. If one is serving on active duty, the first month one can accrue VA comp is the month following the month of discharge or retirement. Regular retirees always retire on the first of a certain month.
The effective date for a disability that was caused—or made worse—by military service is whichever of these comes later:
- The date VA gets your claim, or
- The date you first got your illness or injury (also known as the date your entitlement arose)
- Note: As stated, whichever is the latter.
Members of the Guard or Reserves are eligible to serve if they have a VA service-connected disability, provided they are physically cleared. However, there is one big caveat: they are not able to receive VA compensation on the same day they receive military pay.
Thanks for the reply, but that's not really related to my question. I'm asking if the back pay will be based on when I filed the cliam, or when my symptoms were documented.U.S. Code § 5110.Effective dates of awards
The effective date of an award of disability compensationto a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.
Other laws are applicable as well.
One is not entitled to VA compensation while serving on active duty.
I understand, but I'm currently Active Duty. So according to the VA on VA gov, if you file a cliam within one year of discharge/while on active duty 1 year before discharge, you would be back paid from when the injury or illness occured. I'm not talking about when I get out, I'm talking about now. I'm currently active duty waiting for the VA to decide a rating. Once that happens, I will get back pay. I'm wondering if the back pay is from 16 months ago when my illness occured, or 2 months ago when I filed the cliam. Thanks Ron!If you file for compensation within a year of discharge, the effective date can go back to the day following the discharge date.
Sorry, I inferred that you wanted to know if you could be paid VA compensation for a period where you were on active duty. That answer would be no.
Reserves have a similar restriction:
Department of Veterans Affairs (VA) Disability Compensation. A reservist who is entitled to VA disability compensation must waive the equivalent VA compensation for 1 day for each Reserve AD day or each inactive duty period. Thus, the performance of two inactive duty periods in 1 calendar day requires waiver of the equivalent VA compensation for 2 days. These waiver requirements apply for all days in a calendar month.
I'm talking about BACK PAY.Re: "I'm currently active duty waiting for the VA to decide a rating. Once that happens, I will get back pay. I'm wondering if the back pay is from 16 months ago when my illness occured, or 2 months ago when I filed the claim."
You cannot be paid VA compensation while on active duty. The earliest effective date possible for you is the day following your date of discharge. I'll return later with additional info on this matter. If you got out and filed a claim within one year of discharge, the effective date could go back as far as day following discharge...not more.
(note: Reserves have a similar restriction--Department of Veterans Affairs (VA) Disability Compensation. A reservist who is entitled to VA disability compensation must waive the equivalent VA compensation for 1 day for each Reserve AD day or each inactive duty period. )
I understand and it is the same as I discussed.
You are suggesting you are due VA compensation for a period where you received military pay.
Let me put this way. All of my 25 years in the Army was spent in the Army finance corps. I probably saw thousands of military pay accounts. Never did I see one account where the soldier was receiving VA compensation for a period he/she served on active duty. During the almost 30 years since I retired, I have continued to monitor military pay issues.
You are not entitled to VA compensation for any period prior to the date following your discharge.
|III.i.2.A.2.b. DOCs for Pre-Discharge Claims||The date of claim (DOC) for a pre-discharge claim is the first day following the anticipated date of release from active duty (RAD), regardless of the date VA received the claim.|
Yes, your quoted material discusses potential retroactive compensation to the compensation effective date. That date can be no earlier than the day following the discharge date.Learn about the VA disability compensation effective date, which is the date we receive your claim or the date you were first injured or first fell ill. Once we decide your claim, you may qualify to receive disability back pay to the compensation effective date.www.va.gov
Can you explain this please then? Because it states when the illness or injury occured. That's regarding to during active duty. I'm Air Force if that matters. Thanks.
This addresses your situation (i.e., future discharge).
M21-1, Part III, Subpart i, Chapter 2, Section A - General Information on Pre-Discharge Claims
III.i.2.A.2.b. DOCs for Pre-Discharge Claims The date of claim (DOC) for a pre-discharge claim is the first day following the anticipated date of release from active duty (RAD), regardless of the date VA received the claim.
I'm going through the IDES program Sir. Also, check this out please
So when the most recent article says