VA Disability Benefits (2026): Ratings, Pay Rates, and How Claims Work
Independently fact-checked against primary sources (last audited September 16, 2026). · Law checked current as of August 9, 2026. · 8 primary sources cited on this page. How we verify our legal content
VA disability compensation is a tax-free monthly payment from the U.S. Department of Veterans Affairs for conditions connected to military service, under federal law nationwide. This hub explains who qualifies, how ratings and pay are calculated, 2026 rates, and how to file or appeal.
This article covers federal VA disability compensation law and process nationwide. It does not address state veterans' benefits (property tax exemptions, state bonuses) or VA health care eligibility, which run on separate rules. If you already know your ratings, the free VA disability calculator turns them into a 2026 monthly payment in under a minute.
What VA disability compensation is
VA disability compensation is a tax-free monthly benefit paid to veterans for disabilities connected to their military service, authorized by 38 U.S.C. 1110 for disabilities incurred during wartime service and 38 U.S.C. 1131 for the parallel peacetime standard. Both statutes require the disability to result from a personal injury suffered or disease contracted in line of duty, or the aggravation of a preexisting condition in line of duty, and require a discharge under conditions other than dishonorable.
The payment amount depends on two things: your combined disability rating, expressed as a percentage from 0% to 100% in 10-point increments, and the number of dependents you claim (spouse, children, dependent parents). Unlike Social Security disability, VA compensation does not require that a veteran be unable to work, though a separate program (TDIU) exists for veterans whose service-connected disabilities prevent substantially gainful employment.
The fastest way to see what your own situation is worth is the free VA disability calculator, which runs the same combined-ratings math VA uses and applies the current 2026 pay tables.
Who qualifies: the three elements of service connection
VA defines service connection as an illness or injury that was caused by, or got worse because of, active military service. To establish service connection, a claim generally needs three elements: a current diagnosed condition affecting the veteran's mind or body, an in-service event, injury, or illness during active duty, active duty for training, or inactive duty training, and a medical nexus, meaning evidence linking the current condition to that in-service event.
A claim can also succeed if a preexisting condition worsened because of service (aggravation) or if a condition first appeared after discharge but is medically linked back to service. VA generally does not require the veteran to submit every piece of supporting evidence up front; VA has a duty to assist in developing the record, including scheduling a compensation and pension examination when needed. Lay statements, including buddy statements from fellow service members (VA Form 21-10210), can support the in-service event and, in limited circumstances, the nexus.
Compensation is barred where the disability results from the veteran's own willful misconduct or abuse of alcohol or drugs, per 38 U.S.C. 1110.
How ratings and VA math work
VA does not add disability percentages together. Instead, it applies a whole-person theory under 38 CFR 4.25: each additional disability is rated against the portion of the body VA considers still "able," not against the whole person again, because no one can be more than 100% able-bodied.
Here is a worked example straight from VA's own methodology. A veteran with a 50% rating and a 30% rating does not reach 80%. VA looks up 50 and 30 in the combined ratings table, which returns a raw value of 65%, then rounds to the nearest 10, giving a final combined rating of 70%. A veteran with two ratings of 10% each does not reach 20%; the combined value is 19%, which rounds to 20% only after all disabilities are combined, per 38 CFR 4.25(b). A separate rule, the bilateral factor under 38 CFR 4.26, adds an extra 10% of the combined value when a veteran has compensable disabilities in paired extremities (both arms, or both legs, treating each limb as a whole) or paired skeletal muscles.
This math trips up nearly every veteran the first time they see it. The how VA math works spoke walks through the full formula and rounding rules with additional examples, and the free VA disability calculator runs the exact 38 CFR 4.25 and 4.26 arithmetic automatically, including the bilateral factor and a step-by-step breakdown, so you can see the combined rating and the resulting monthly payment together.
2026 VA disability pay rates
VA disability compensation increases each December 1 by the Social Security cost-of-living adjustment (COLA) percentage, under a Veterans' Compensation Cost-of-Living Adjustment Act that Congress passes each year. The next increase is tracked in VA disability rates 2027. The 2026 COLA is 2.8%, effective December 1, 2025. The table below shows the monthly rate for a veteran with no dependents ("alone") at each combined rating from 10% to 100%.
| Combined rating | Monthly rate (veteran alone) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Ratings of 10% and 20% pay a flat rate regardless of dependents. Starting at 30%, adding a spouse, child, or dependent parent raises the monthly payment, and the increase grows at each higher rating tier; a 100% rating with a spouse pays $4,158.17, for example. For the full dependent-status breakdown, added amounts for additional children and spouse Aid and Attendance, and specific per-percentage detail, see the 70%, 80%, 90%, and 100% pages, or run your own dependent status through the VA disability calculator for an exact 2026 monthly figure.
How to file a VA disability claim
Filing an initial disability claim is free. Veterans can file directly at va.gov, through a Veterans Service Organization (VSO) at no charge, or with an accredited attorney or claims agent. No one, including accredited representatives, may charge a fee for preparing or filing an original disability claim. Even after VA issues an initial decision, only an accredited attorney or claims agent may charge a fee; VSO representatives never charge one at any stage.
Before a veteran has finished gathering evidence, filing an Intent to File (VA Form 21-0966, or simply starting the online application) can lock in an earlier effective date. Once VA receives an Intent to File, the veteran has one year to submit the complete claim and still get that earlier effective date, which can mean a larger retroactive back-pay award if the claim is approved. Starting the claim online functions as your Intent to File, locking the effective date automatically while you finish the application.
Strong evidence matters more than a long claim. Useful evidence includes service treatment records, VA and private medical records, results of any VA compensation and pension exam, and lay or buddy statements describing symptoms or the in-service event. VA has a duty to assist, but a claim with clear medical evidence connecting a current condition to service typically moves faster and is less likely to be denied.
If you disagree with a decision
Veterans who disagree with a VA rating decision have three review options under the Appeals Modernization Act (AMA), and can choose whichever lane fits their situation.
A Supplemental Claim lets a veteran submit new and relevant evidence that VA did not have when it made the original decision; this is the right lane when new medical evidence exists. A Higher-Level Review sends the same evidentiary record to a more senior VA reviewer for a fresh look at whether the original decision was correct; no new evidence can be submitted in this lane. A Board Appeal escalates the case to the Board of Veterans' Appeals, where a Veterans Law Judge reviews the claim, with options for a hearing, additional evidence, or a direct review of the existing record.
Each lane has different tradeoffs in speed and scope, and picking the wrong one can cost months. The how to appeal a VA rating spoke walks through each lane in more depth, including which one tends to fit a denied claim versus a claim rated lower than expected.
Disagree with your VA rating or decision? Talk to a VA-accredited attorney
If VA denied your claim or rated you lower than you expected, a VA-accredited attorney can review the decision for free. By federal law, accredited representatives may only charge a fee after VA issues an initial decision, usually a percentage of back pay if you win; federal rules presume a fee of 20% or less of past-due benefits to be reasonable. Filing an initial claim yourself is always free at va.gov. Submitting this form is a referral to an independent, VA-accredited attorney or firm, not representation by RecordingLaw.com.
TDIU: the fourth path to 100% pay
Total Disability based on Individual Unemployability (TDIU) pays a veteran at the 100% rate even when their schedular combined rating is below 100%, if service-connected disabilities prevent the veteran from holding substantially gainful employment. Under 38 CFR 4.16(a), a veteran qualifies with one disability rated 60% or more, or with combined disabilities reaching 70% or more where at least one component is rated 40% or more. The TDIU and unemployability spoke covers eligibility, evidence, and how the schedular thresholds work in detail.
Special Monthly Compensation
Special Monthly Compensation (SMC) is a separate, additional payment on top of standard compensation for specific severe circumstances, such as the loss or loss of use of a hand, foot, or eye, or being housebound or in need of aid and attendance. SMC is not part of the combined-ratings percentage math; it is added afterward as its own dollar amount. The Special Monthly Compensation spoke explains the SMC tiers and how to know if a condition may qualify.
VA disability back pay
When a claim is approved, VA typically owes back pay retroactive to the claim's effective date, which can be months or years before the decision date depending on when the claim (or a valid Intent to File) was filed. Back pay can arrive as a single lump sum. The VA disability back pay spoke explains how the effective date is set and how back pay is calculated.
Watch out for claim sharks
A growing number of unaccredited companies charge veterans large upfront fees to "help" with disability claims, a practice several states have moved to ban and that federal accreditation rules already restrict. Only attorneys and claims agents accredited under 38 CFR 14.629 may charge a fee, and never for an original, undecided initial claim; VSO representatives who meet VA's character and competence requirements are never permitted to charge a fee at all, under 38 CFR 14.636(b). The VA claim sharks spoke explains the warning signs and how to verify a representative through VA's official accreditation search before paying anyone.
VA disability and SSDI
VA disability compensation and Social Security Disability Insurance (SSDI) are separate federal programs with separate eligibility rules, and a veteran can qualify for and receive both at the same time. The Social Security Administration also expedites SSDI processing for veterans who have a VA disability rating of 100% Permanent and Total. For a full look at Social Security's disability rules, see the Social Security Disability hub.
This article provides general legal and benefits information, not legal advice, and is not a substitute for individualized guidance from an accredited VA representative or licensed attorney. RecordingLaw.com is not affiliated with, endorsed by, or sponsored by the U.S. Department of Veterans Affairs. Filing a VA disability claim yourself is always free at va.gov. Information verified as of July 2026 against va.gov and the eCFR; rates and rules change periodically, most notably the annual COLA adjustment each December 1.
Frequently Asked Questions
How does VA math work?
VA combines disability ratings using a whole-person formula in 38 CFR 4.25, not simple addition. Each additional rating applies to the percentage of the person VA still considers able-bodied, so a 50% and a 30% rating combine to a raw 65%, which rounds to a final 70%, not 80%.
Why is my VA combined rating not adding up?
Because VA ratings are never simply added together. The combined-ratings table in 38 CFR 4.25 produces a smaller number than straight addition would, and the final result is rounded to the nearest 10% only once, after every disability has been combined.
Does 100% VA disability include a spouse or dependents?
The base 100% rate of $3,938.58 in 2026 is for a veteran with no dependents. Adding a spouse, child, or dependent parent increases the monthly payment; a 100% veteran with a spouse receives $4,158.17 per month in 2026.
Is VA disability compensation taxable?
No. VA disability compensation is not subject to federal income tax under 38 U.S.C. 5301, and it is not reported as taxable income on a federal return.
How often does VA disability pay increase?
VA compensation rates adjust once a year, effective December 1, to match the Social Security Administration's cost-of-living adjustment (COLA). Congress enacts the compensation COLA each year; the 2.8% adjustment effective December 1, 2025 came from the Veterans' Compensation Cost-of-Living Adjustment Act of 2025.
What is the maximum VA disability rating?
The maximum schedular combined rating is 100%. A veteran whose combined rating is below 100% but who cannot hold substantially gainful employment because of service-connected disabilities may still be paid at the 100% rate through TDIU under 38 CFR 4.16(a).
How do I appeal a VA disability rating decision?
Veterans can choose a Supplemental Claim (new and relevant evidence), a Higher-Level Review (senior reviewer, no new evidence), or a Board Appeal (a Veterans Law Judge reviews the case), the three lanes created by the Appeals Modernization Act.
Is filing a VA disability claim free?
Yes. Filing an original disability claim is always free at va.gov, through a Veterans Service Organization, or with an accredited attorney or claims agent. No fee may ever be charged for an original, undecided initial claim.
Updates
Independently fact-checked against the cited primary sources
Governing law re-checked for recent changes
Corrected the claim-sharks section: VSO representatives are never permitted to charge a fee under 38 CFR 14.636(b); only accredited attorneys and claims agents may ever charge a fee, and only after VA issues an initial decision.
Clarified in the filing section that only accredited attorneys and claims agents may ever charge a fee after an initial decision; VSO representatives never charge a fee at any stage (38 CFR 14.636).
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
United States Code Title 38
§ 1110Basic entitlementIn forcecited in 2 of our articles
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran’s own willful misconduct or abuse of alcohol or drugs.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,055 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Jerry R. Shedden, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs (Court of Appeals for the Federal Circuit 2004, 381 F.3d 1163)“…ncurred "in line of duty" and are service-connected. See 38 U.S.C. §§ 1110 , 1131 (2000). 2 We have recently had…”
- Dingess - Hartman v. Nicholson (United States Court of Appeals for Veterans Claims 2006, 19 Vet. App. 473)“…2000, a VA regional office (RO) awarded Mr. Dingess, under 38 U.S.C. § 1110, service connection for PTSD and assign…”
- Fenderson v. West (United States Court of Appeals for Veterans Claims 1999, 12 Vet. App. 119)“…ed presumption period after separation from service. See 38 U.S.C. §§ 1110 , 1112(a), 1116, 1131, 1133(a), 1137;…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Circuit Bars Judicial Review of Systemic Challenges to 0 Percent VA Ratings
§ 1131Basic entitlementIn force
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran’s own willful misconduct or abuse of alcohol or drugs.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 365 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Charles L. Degmetich, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs (Court of Appeals for the Federal Circuit 1997, 104 F.3d 1328)“…of Veterans Affairs (“Secretary”) permissibly interpreted 38 U.S.C. § 1131 (1994) 1 to require a pre…”
- Michael T. Acciola v. James B. Peake (United States Court of Appeals for Veterans Claims 2008, 22 Vet. App. 320)“…the RO had committed CUE when it did not consider and apply 38 U.S.C. § 1131 (basic entitlement for service connecti…”
- Jonathan Brown v. United States (Court of Appeals for the Eighth Circuit 1998, 151 F.3d 800)“…e of duty and was thus service-connected. See 38 U.S.C. § 1131 . He now argues the opposite, claiming…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5301Nonassignability and exempt status of benefitsIn forcecited in 6 of our articles
Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen’s indemnity.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 221 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Higgins v. Beyer (Court of Appeals for the Third Circuit 2002, 293 F.3d 683)“…VA disability benefits check is not attachable pursuant to 38 U.S.C. S 5301. On June 2, 1998, ADTC Assistant Superi…”
- Alfred Crawford Daniel Carrasco Jerry Parker v. Russell S. Gould William Mayer, (Two Cases) (Court of Appeals for the Ninth Circuit 1995, 56 F.3d 1162)“…hat the nonassignment statute governing Veterans benefits, 38 U.S.C. § 5301 (a), preempts the process of deducting…”
- United States v. Griffith (Court of Appeals for the Tenth Circuit 2009, 584 F.3d 1004)“…reme Court and lower courts have done so with reference to 38 U.S.C. § 5301 and its predecessor statutes, which ex…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: VA Disability Rates 2027: When They Change and the 2026 Pay Chart, Small Claims Court by State: Limits, Fees and Appeals (2026)
Code of Federal Regulations Title 38
§ 4.25Combined ratings table.In forcecited in 12 of our articles
Table I, Combined Ratings Table, results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity. Thus, a person having a 60 percent disability is considered 40 percent efficient. Proceeding from this 40 percent efficiency, the effect of a further 30 percent disability is to leave only 70 percent of the efficiency remaining after consideration of the first disability, or 28 percent efficiency altogether. The individual is thus 72 percent disabled, as shown in table I opposite 60 percent and under 30 percent. (a) To use table I, the disabilities will first be arranged in the exact order of their severity, beginning with the greatest disability and then combined with use of table I as hereinafter indicated. For example, if there are two disabilities, the degree of one disability will be read in the left column and the degree of the other in the top row, whichever is appropriate. The figures appearing in the space where the column and row intersect will represent the combined value of the two.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at ecfr.gov
Cited in 229 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Smith v. Nicholson (Fed. Cir. 2006) held 38 C.F.R. 4.25(b) ambiguous on whether tinnitus in each ear is a separate disability and deferred to VA's reading allowing a single 10 percent rating. Roper v. Nicholson (2006) applied the 4.25 combined ratings table to combine a secondary condition with the underlying condition.
Opinions citing this section in our collection:
- Ellis C. Smith, Claimant-Appellee v. R. James Nicholson, Secretary of Veterans Affairs (Court of Appeals for the Federal Circuit 2006, 451 F.3d 1344)✓A veteran sought two separate 10 percent ratings for tinnitus in both ears. The court held 38 C.F.R. 4.25(b) leaves in doubt whether tinnitus in each ear is a separate disability, and deferred to the VA's reading allowing only one rating, reversing the Veterans Court.
- Gazelle v. Shulkin (Court of Appeals for the Federal Circuit 2017, 868 F.3d 1006)✓A veteran rated 100 percent for PTSD argued his other disabilities should be added to reach the 60 percent needed for special monthly compensation. The court held the VA correctly used the 38 C.F.R. 4.25 combined ratings table, which yielded 50 percent, and affirmed the denial.
- Benny R. Roper v. R. James Nicholson (United States Court of Appeals for Veterans Claims 2006, 20 Vet. App. 173)✓A veteran rated 50 percent for hearing loss and 50 percent for depression secondary to it challenged the resulting 80 percent figure. The court held the secondary-service-connection rule does not stop the VA from rating each separately and combining them under 38 C.F.R. 4.25.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Does VA Math Work? Combined Ratings Explained (with Examples), 70% VA Disability Rating (2026): Monthly Pay and Benefits, 100% VA Disability Pay 2026: $3,938.58 a Month + Full Benefits List
§ 4.26Bilateral factor.In forcecited in 4 of our articles
Except as provided in paragraph (d) of this section, when a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as one disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (with the two 10 percent evaluations being bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 combine to 74 percent, converted to 70 percent as the final degree of disability. (a) Definitions.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gregory v. United States (United States Court of Federal Claims 2020)“…Combination Table in the VASRD is not clearly set out. See 38 C.F.R. § 4.26 (2019). 6 In the event that a service m…”
- Guillory v. Dept. Of Veterans Affairs (Court of Appeals for the Federal Circuit 2012, 669 F.3d 1314)“…but relates to the . . . lower ex- tremities as a whole.” 38 C.F.R. § 4.26(a) (1967). This distinction is equally…”
- Nat'l Org. of Veterans' Advocates, Inc. v. Sec'y Affairs (Court of Appeals for the Federal Circuit 2019, 927 F.3d 1263)“…uation for the affected muscle groups.” Another regulation, 38 C.F.R. § 4.26, also pro- vides a special rating where…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to Appeal a VA Rating Decision: The Three Review Lanes (2026)
§ 4.16Total disability ratings for compensation based on unemployability of the individual.In forcecited in 8 of our articles
(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at ecfr.gov
Cited in 739 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Rice v. Shinseki (2009) held a request for unemployability benefits under 4.16 is not a freestanding claim but part of a claim for an initial or increased rating. Bowling v. Principi (2001) held the Board cannot award extraschedular TDIU under 4.16(b) in the first instance and must refer the case to the Director.
Opinions citing this section in our collection:
- Dingess - Hartman v. Nicholson (United States Court of Appeals for Veterans Claims 2006, 19 Vet. App. 473)“…d his claim for a TDIU rating after determining that, under 38 C.F.R. § 4.16(a)-(b) (2001), "there was no evidence t…”
- Sterling T. Rice v. Eric K. Shinseki (United States Court of Appeals for Veterans Claims 2009, 22 Vet. App. 447)✓A veteran service connected for PTSD was denied an effective date before November 2000 for a total rating based on unemployability. The court held a request for that rating under section 4.16 is not a freestanding claim but part of an initial or increase claim, and remanded.
- Fugo v. Brown (United States Court of Appeals for Veterans Claims 1993, 6 Vet. App. 40)✓A PTSD veteran sought an earlier effective date, calling it clear and unmistakable error not to apply section 4.16(c) in 1989. Noting that 4.16 needs a further unemployability finding to trigger a total rating, the court held CUE was not reasonably raised and affirmed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: 90% VA Disability Rating (2026): Pay and the Gap to 100%, TDIU: How VA Unemployability Pays at the 100% Rate (2026), 80% VA Disability Rating (2026): Monthly Pay and Benefits
§ 14.629Requirements for accreditation of service organization representatives; agents; and attorneys.In forcecited in 3 of our articles
(a) Service Organization Representatives. A recognized organization shall file with the Office of the General Counsel VA Form 21 (Application for Accreditation as Service Organization Representative) for each person it desires accredited as a representative of that organization. The form must be signed by the prospective representative and the organization's certifying official. For each of its accredited representatives, a recognized organization's certifying official shall complete, sign and file with the Office of the General Counsel, not later than five years after initial accreditation through that organization or the most recent recertification by that organization, VA Form 21 to certify that the representative continues to meet the criteria for accreditation specified in paragraph (a)(1), (2) and (3) of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Robert v. Chisholm v. Robert A. McDonald (United States Court of Appeals for Veterans Claims 2016, 28 Vet. App. 240)“…dministration's automated claims records system pursuant to 38 C.F.R. § 14.629 (2014) ('Requirements for accreditation…”
- Anderson v. West (United States Court of Appeals for Veterans Claims 1999, 12 Vet. App. 491)“…itle 38 of the Code of Federal Regulations, and notes that 38 C.F.R. § 14.629 (b) (1998), which contains no subparagr…”
- Hezekiah Green, Jr. v. Robert A. McDonald (United States Court of Appeals for Veterans Claims 2016, 28 Vet. App. 281)“…laimants valuable service. See 38 U.S.C. § 5904 (a)(2); 38 C.F.R. § 14.629 (2016); see also http:// www.va.gov/…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: VA Claim Sharks: The Fee Rules, the Law, and How to Verify Anyone (2026), VA OIG Finds 34% Error Rate in Disability Rating Cuts
§ 14.636Payment of fees for representation by agents and attorneys in proceedings before Agencies of Original Jurisdiction and before the Board of Veterans' Appeals.In forcecited in 5 of our articles
(a) Applicability of rule. The provisions of this section apply to the services of accredited agents and attorneys with respect to benefits under laws administered by VA in all proceedings before the agency of original jurisdiction or before the Board of Veterans' Appeals regardless of whether an appeal has been initiated. (b) Who may charge fees for representation. Only accredited agents and attorneys may receive fees from claimants or appellants for their services provided in connection with representation. Recognized organizations (including their accredited representatives when acting as such) and individuals recognized under § 14.630 of this part are not permitted to receive fees. An agent or attorney who may also be an accredited representative of a recognized organization may not receive such fees unless he or she has been properly designated as an agent or attorney in accordance with § 14.631 of this part in his or her individual capacity as an accredited agent or attorney. (c) Circumstances under which fees may be charged.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at ecfr.gov
Cited in 51 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mariella B. Mason v. Eric K. Shinseki (United States Court of Appeals for Veterans Claims 2012, 26 Vet. App. 1)“…on as his representative. R. at 131. 1 38 C.F.R. § 14.636(c)(2) (2012) includes the language of f…”
- Cameron v. McDonough (Court of Appeals for the Federal Circuit 2021, 1 F.4th 992)“…gust 2005. The VA denied Mr. Cameron attorney’s fees under 38 C.F.R. § 14.636(c), which permits an attorney to charg…”
- Mark R. Lippman v. Eric K. Shinseki (United States Court of Appeals for Veterans Claims 2009, 23 Vet. App. 243)“…5 This regulation has been recodified at 38 C.F.R. § 14.636 (2008), and the portion of the regulati…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- 38 U.S.C. 1110 - Basic entitlement (wartime disability compensation)(law.cornell.edu)
- 38 U.S.C. 1131 - Basic entitlement (peacetime disability compensation)(law.cornell.edu)
- VA.gov - Eligibility for VA disability benefits(va.gov).gov
- VA.gov - About VA disability ratings (combined ratings explainer)(va.gov).gov
- VA.gov - Current VA disability compensation rates(va.gov).gov
- VA.gov - How to file a VA disability claim(va.gov).gov
- VA.gov - Your Intent to File a VA claim(va.gov).gov
- VA.gov - Decision reviews and appeals for VA claims(va.gov).gov
- eCFR - 38 CFR 4.25, Combined ratings table(ecfr.gov).gov
- eCFR - 38 CFR 4.16, Total disability ratings for compensation based on unemployability(ecfr.gov).gov
- 38 CFR 14.629, Requirements for accreditation of representatives, agents, and attorneys(law.cornell.edu)