🎖️ VALOR

The Evidence They Missed: One Small Clue That Finally Brought Her Justice

A veteran who initially faced denial of her PTSD claim related to ST was ultimately granted full VA disability benefits, thanks to a piece of overlooked evidence that changed everything. 

Attorney Melanie Williams of Hill & Ponton explains that, like many MST survivors, the veteran had never filed a formal report during her service. Without direct documentation of the trauma, the VA rejected her claim. But during a careful review of her service medical records, Attorney Williams uncovered a pregnancy test taken during active duty. Though seemingly unrelated, the timing and context of the test helped establish that a traumatic event had occurred, enough to support service connection for PTSD. 

Attorney Williams emphasizes that the VA allows more flexibility in MST cases because underreporting is common. Legal advocates must know how to identify nontraditional medical, behavioral, or administrative evidence to build a compelling case. In this instance, expert advocacy made all the difference. 

The veteran was ultimately awarded a 100% disability rating, providing long-overdue compensation, treatment access, and acknowledgment of her service-related trauma.

⚖️ EXPERTS

Are You Owed Years of VA Back Pay? Here’s How to Get Every Dollar You Deserve 

VA disability back pay is compensation owed to veterans between their effective date and the date their claim is granted. This retroactive payment can range from a few months to several years, depending on the type of claim, when it was filed, and whether the veteran-maintained eligibility. 

How Effective Dates Determine Back Pay 

In most cases, the effective date is: 

• The date the VA receives the claim 

• The day after discharge (if filed within one year of separation) 

• The date a worsening condition is documented (for increased rating claims) 

• The date new evidence is submitted (for reopened claims) 

Certain exceptions, like Clear and Unmistakable Error (CUE) or Nehmer rules for Agent Orange exposure, can push effective dates and back pay back even further. 

When and How the VA Pays Back Pay 

Back pay is typically issued as a lump sum deposit 15–30 days after a claim is approved. However, delays can happen due to missing documents, dependency issues, or the need for a fiduciary. Veterans are encouraged to monitor their VA.gov or eBenefits account and contact a representative if payment is delayed. 

Back Pay for Different Types of Claims 

• Initial Claims: Back pay begins from the date of discharge if filed within one year; otherwise, it starts from the filing date. 

• Intent to File (ITF): Preserves an earlier effective date if followed by a completed claim within one year. 

• Increased Ratings: May return to the date medical evidence shows the condition worsened. 

• Appeals: The effective date may revert to the original claim if continuously pursued. 

• Reopened Claims: Only count from the new submission date. 

• CUE Claims: Can result in decades of retroactive compensation if the VA acknowledges a clear error. 

Adding Dependents to Back Pay 

Veterans with a disability rating of 30% or higher may receive additional back pay for qualifying dependents (spouse, children, dependent parents), but only if dependents were properly included in the claim and VA Form 21-686c was submitted on time. 

Key tips: 

• File VA Form 21-686c early 

• Keep dependent status updated 

• Review award letters for accuracy 

• Appeal if dependents are excluded 

Maximize Your Back Pay 

• File as early as possible 

• Use an ITF to lock in earlier dates 

• Appeal instead of reopening when denied 

• Collect and submit strong medical evidence 

• Consider a CUE claim for major past VA errors 

VA back pay can significantly impact financial well-being. Understanding effective dates, filing strategies, and dependent rules is essential to securing the full compensation you're owed.

For help reviewing your case, contact Hill & Ponton for a free evaluation. 

🦅SUPPORT

Attention: Join us today at 1400 hours EST for a new Livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 30 minutes prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

Were You Exposed to “Forever Chemicals” in Your Water Supply?

PFAS, also known as “forever chemicals,” are synthetic substances widely used in firefighting foams, water-resistant products, and industrial applications. These chemicals have been found in dangerously high concentrations in some water supplies, including on or near military bases. Learn if your military base was impacted using our Toxic Exposure Map.

Exposure to PFAS has been linked to severe health conditions, such as:

• Testicular Cancer

• Kidney Cancer

• Ulcerative Colitis

• Liver Cancer

If you or a loved one lived or worked in areas with PFAS contamination and have been diagnosed with any of these conditions, you may qualify for compensation.

Act now. Contact us today at (855) 494-1298 to learn more about your options or to begin your claim. You’ve served your country; let us serve you.

🗺️ TACTICS

Can the VA Take Your Gun Rights? Understanding Incompetency Proposals and How to Respond 

In this informative video, Hill & Ponton attorney Rachel Cheek explains what happens when a veteran receives a VA proposal of incompetency—an often misunderstood notice that can have serious consequences. While the term may sound alarming, Attorney Cheek explains that incompetency in this context refers solely to the VA’s belief that a veteran cannot manage their finances, often following mental health or aid and attendance evaluations.

She emphasizes that the proposal is not a final decision, and veterans have the right to respond. Veterans can halt the process by requesting a hearing within 30 days and have up to 60 days to submit supporting evidence, including personal statements and letters from doctors or family members. Attorney Cheek also addresses the broader implications of incompetency findings, including restrictions on firearm ownership under federal law. 

Most importantly, she reassures veterans that many of these proposals can be successfully challenged. Veterans can protect their financial independence and legal rights with timely action and strong documentation. The conversation encourages veterans to stay proactive and seek guidance if they receive an incompetency proposal, turning a stressful moment into an opportunity to advocate for themselves. 

Need Help with an Appeal? Hill & Ponton is Here for You

At Hill & Ponton, we specialize in helping veterans navigate the VA appeals process to secure the benefits they rightfully deserve. Whether you're facing a denied claim, an appeal for a higher rating, or need assistance gathering critical evidence, our team is ready to advocate for you.

Use our VA Disability Calculator to see if your current rating aligns with your level of disability and explore potential increases based on any secondary conditions you may have. Calculate Your VA Disability Rating Now!