Fed Circ Upholds VA Cutoff on Resuming Disability Benefits
August 9, 2021
Partially disabled veterans whose benefits are suspended when they are recalled to active duty are not automatically entitled to benefits once their tours of duty end, a divided federal appeals court held. In a 2-1 decision Friday, the U.S. Court of Appeals for the Federal Circuit upheld a Veterans Affairs regulation under which the veteran must apply for “recommencement” of benefits, with the cutoff date for any past-due benefits set at one year before the application date.