VA Disability Rates 2027: When They Change and the 2026 Pay Chart
Independently fact-checked against primary sources (last audited September 29, 2026). · 22 primary sources cited on this page. How we verify our legal content
VA has not published its 2027 disability compensation rates yet. Two separate things have to happen first, and neither is finished. The Social Security COLA percentage is now official: SSA's annual notice for 2027, published in the Federal Register on October 26, 2026 at 91 FR 67380, sets it at 3.6%, the same figure the published July to September 2026 CPI-W produces under 42 U.S.C. 415(i). The other condition is the blocker, and Congress has now done its part. On November 9, 2026 the House of Representatives passed the Veterans' Compensation Cost-of-Living Adjustment Act of 2026 (H.R. 8552) by voice vote under a motion to suspend the rules, the bill was received in the Senate on November 10, and the Senate passed it without amendment by voice vote on November 11, 2026. An enrolled text has been published. It has not been presented to the President or signed, so it is not yet law. That act, not the Social Security figure, is what raises VA compensation. The new rates would take effect December 1, 2026 and show up in the payment veterans receive in early January 2027. Until then, the 2026 rates below (effective December 1, 2025) are the rates VA pays: $180.42 a month at 10% and $3,938.58 at 100% for a veteran with no dependents.
This article covers federal VA disability compensation rates and how the annual cost-of-living adjustment (COLA) sets them. It applies to veterans in every state, because VA compensation is a federal benefit with no state variation. It does not cover state veterans' benefits or property-tax exemptions, and it does not print 2027 dollar rates, because VA has not published any. Status information is current as of November 13, 2026.
To see what VA pays for your rating right now, with a rough figure for a 3.6% increase if Congress passes it, use the lookup below.
Look up your monthly VA disability pay
Monthly payment at the rates in effect now
$1,808.45
If Congress applies the 3.6% Social Security COLA: about $1,874 a month Estimate, not a VA rate.
Rates effective December 1, 2025 (2026 rates), from the VA compensation rate table. VA compensation rate table
As of October 21, 2026, VA had not published rates effective December 1, 2026, and Congress had not passed the compensation COLA act that sets them.
Rates only. VA decides your rating and which dependents it pays for.
Full VA disability calculator (combined ratings, parents, school-age children)
Where the 2027 VA rates stand now
Three things have to happen before VA can pay 2027 rates. As of November 13, 2026 the first has happened, the second is nearly done, and the third has not.
| Step | Who acts | Status on November 13, 2026 |
|---|---|---|
| Set the COLA percentage | Social Security Administration, from Bureau of Labor Statistics CPI-W data | Done. SSA's notice for 2027 (Docket No. SSA-2026-1024) was published at 91 FR 67380 on October 26, 2026 and states a 3.6% increase effective December 2026. The July to September 2026 CPI-W averaged 328.746 against 317.265 a year earlier, a rise of 3.6187% that rounds to the same 3.6%. |
| Pass the annual compensation COLA act | Congress and the President | Passed both chambers, not enacted. The House passed H.R. 8552 on November 9, 2026 by voice vote on a motion to suspend the rules, the bill was received in the Senate on November 10, and the Senate passed it without amendment by voice vote on November 11, 2026. Checked on November 13, 2026 against the official bill status record, which was last updated November 12, 2026: the record lists an enrolled text, which we opened, and carries no action presenting the bill to the President, no approval and no public law number. S. 4487, the Senate companion, has sat in the Senate Veterans' Affairs Committee since May 11, 2026. |
| Publish the new rate tables | Department of Veterans Affairs | Not published. On November 13, 2026 the live va.gov rate page still showed rates effective December 1, 2025, and its past-rates list still stopped at the 2025 rates. |
Both bills use the same structure as the laws Congress passed for the last two years. The enrolled text directs that "[e]ffective on December 1, 2026, the Secretary of Veterans Affairs shall increase" the dollar amounts in effect on November 30, 2026, by "the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act" are increased effective December 1, 2026. In other words, the bill does not name a number. It adopts whatever COLA Social Security announces.
Watch out: Many sites print "2027 VA rates" tables, and now that SSA has published 3.6% you will see more of them. Knowing the Social Security COLA percentage does not make those tables real. Until Congress passes the annual act and VA publishes its own table, any 2027 dollar figure is an estimate, not a VA rate. Plan your budget on the current 2026 amounts.
How the 2027 VA disability increase is set
The 2027 increase comes out of a three-step chain that links Social Security, Congress, and VA.
Step 1: Social Security sets the COLA. Under 42 U.S.C. 415(i), the Social Security COLA equals the percentage by which the average Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for July, August, and September exceeds the average for the last quarter that produced a COLA, rounded to the nearest tenth of a percent. For the December 2026 increase, that comparison is the third quarter of 2026, which averaged 328.746, against the third quarter of 2025, which averaged 317.265. That is a rise of 3.6187%, which rounds to 3.6%, and SSA's own notice for 2027 states the same 3.6% figure. The Social Security COLA 2027 guide walks through the formula and the dates.
Step 2: Congress applies the same percentage to VA compensation. The annual Veterans' Compensation Cost-of-Living Adjustment Act directs VA to raise, effective December 1, each dollar amount in these sections of title 38:
- 38 U.S.C. 1114, the monthly compensation rates for each disability rating, plus the Special Monthly Compensation rates
- 38 U.S.C. 1115(1), the additional amounts for a spouse, children, and dependent parents
- 38 U.S.C. 1162, the annual clothing allowance
- 38 U.S.C. 1311(a) through (d), dependency and indemnity compensation (DIC) for surviving spouses
- 38 U.S.C. 1313(a) and 1314, DIC for children
The 2025 act (Public Law 119-42, signed November 25, 2025) raised those amounts by 2.8%, "the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act" increased on December 1, 2025.
Step 3: VA recalculates and publishes the tables. VA applies the percentage to each rate and posts the new tables on va.gov. The acts also require a Federal Register notice. In practice VA publishes that notice months later (the notice for the December 2025 rates appeared on February 17, 2026), so the va.gov table, not the Federal Register, is where the new rates appear first.
The arithmetic is visible in the 2026 table. The 100% rate for a veteran with no dependents was $3,831.30 before December 1, 2025. Multiplying by 1.028 gives $3,938.5764, and VA's published rate is $3,938.58. The same method reproduces the 10% rate ($175.51 x 1.028 = $180.42) and the 20% rate ($346.95 x 1.028 = $356.66). The 2024 and 2025 COLA acts do not state a rounding rule for compensation, so treat that cents rounding as VA's observed practice, and rely on VA's published table rather than your own multiplication.
Is the VA COLA automatic?
For disability compensation, no. This is the point most rate sites get wrong. VA's own rates page says VA is "required by law to match the percentage of cost-of-living adjustments made to Social Security benefits," and that is true each year because each year's act says so. But there is no standing law that raises compensation on its own. Congress has to pass a new act every year.
The law that is automatic, 38 U.S.C. 5312, covers different benefits: VA pension under sections 1521, 1541, and 1542, the monthly allowance under section 1805, and DIC for parents under section 1315. Whenever Social Security benefits rise under 42 U.S.C. 415(i), VA must raise those rates by the same percentage on the same date, with no new act needed.
| Benefit | How the COLA reaches it |
|---|---|
| Disability compensation (10% to 100%, dependent add-ons, SMC) | Annual act of Congress |
| Clothing allowance | Annual act of Congress |
| DIC for surviving spouses and children | Annual act of Congress |
| DIC for parents | Automatic, 38 U.S.C. 5312 |
| Veterans and survivors pension | Automatic, 38 U.S.C. 5312 |
Congress has passed a compensation COLA act every year since at least 2016, but the timing varies. The act for December 2023 was signed June 14, 2023. The acts for December 2024 and December 2025 were both signed November 25, less than a week before the increase took effect.
When VA posts the 2027 rates and when the money arrives
When the table appears. VA has not announced a date. The "last updated" stamps on VA's rate pages show when each new table replaced the old one: November 30, 2023, December 2, 2024, and December 2, 2025. Each time that came after the year's act was signed. In none of those three years did VA post new compensation rates before the act became law. On that record, expect the 2027 table around December 1, 2026, if Congress acts in time.
When the increase takes effect. The rates apply to the month of December 2026, the effective date the bills set.
When you see it. VA pays compensation in arrears. VA's award letter attachment explains that "payments will be made at the beginning of each month for the prior month," so the December 2026 amount, the first month at the new rate, arrives in the payment at the start of January 2027. VA's news releases describe the same pattern for earlier increases. In 2022 VA said veterans would see the 8.7% increase "Beginning Jan. 1, 2023."
If you are owed back pay. Each year's increase applies only from its December 1 effective date, so back pay for months before December 2026 is generally figured at the rates in effect for those months, even if VA decides your claim in 2027. The VA disability back pay guide explains effective dates.
2026 VA disability rates (in effect until the 2027 increase)
These are the rates VA pays now, effective December 1, 2025, copied from VA's published tables. At 10% and 20%, the rate is the same regardless of dependents. From 30% up, the amount depends on who you claim as a dependent.
| Rating | Monthly payment (2026) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| Rating | Veteran alone | With spouse | With spouse and 1 child | With 1 child, no spouse |
|---|---|---|---|---|
| 30% | $552.47 | $617.47 | $666.47 | $596.47 |
| 40% | $795.84 | $882.84 | $947.84 | $853.84 |
| 50% | $1,132.90 | $1,241.90 | $1,322.90 | $1,205.90 |
| 60% | $1,435.02 | $1,566.02 | $1,663.02 | $1,523.02 |
| 70% | $1,808.45 | $1,961.45 | $2,074.45 | $1,910.45 |
| 80% | $2,102.15 | $2,277.15 | $2,406.15 | $2,219.15 |
| 90% | $2,362.30 | $2,559.30 | $2,704.30 | $2,494.30 |
| 100% | $3,938.58 | $4,158.17 | $4,318.99 | $4,085.43 |
| Rating | With spouse and 1 parent | With spouse and 2 parents | With 1 parent | With 2 parents |
|---|---|---|---|---|
| 30% | $669.47 | $721.47 | $604.47 | $656.47 |
| 40% | $952.84 | $1,022.84 | $865.84 | $935.84 |
| 50% | $1,329.90 | $1,417.90 | $1,220.90 | $1,308.90 |
| 60% | $1,671.02 | $1,776.02 | $1,540.02 | $1,645.02 |
| 70% | $2,084.45 | $2,207.45 | $1,931.45 | $2,054.45 |
| 80% | $2,417.15 | $2,557.15 | $2,242.15 | $2,382.15 |
| 90% | $2,717.30 | $2,875.30 | $2,520.30 | $2,678.30 |
| 100% | $4,334.41 | $4,510.65 | $4,114.82 | $4,291.06 |
| Rating | Each additional child under 18 | Each additional child 18 to 23 in school | Spouse receiving Aid and Attendance |
|---|---|---|---|
| 30% | $32.00 | $105.00 | $61.00 |
| 40% | $43.00 | $140.00 | $81.00 |
| 50% | $54.00 | $176.00 | $101.00 |
| 60% | $65.00 | $211.00 | $121.00 |
| 70% | $76.00 | $246.00 | $141.00 |
| 80% | $87.00 | $281.00 | $161.00 |
| 90% | $98.00 | $317.00 | $181.00 |
| 100% | $109.11 | $352.45 | $201.41 |
A few rules for reading the tables:
- The "with 1 child" columns already include one child under 18. Add the "additional child" amount only for the second child and each one after.
- A child 18 to 23 who is in an approved school uses the higher "in school" add-on.
- The Aid and Attendance add-on applies when your spouse meets VA's Aid and Attendance test (for example, needs the regular help of another person), and it adds to whichever base rate applies.
- Special Monthly Compensation is paid on top of or instead of these rates. The Special Monthly Compensation guide covers the tiers.
The VA disability calculator applies these 2026 tables to your ratings and dependents, including the bilateral factor. For a closer look at one rating level, see the 70%, 80%, 90%, and 100% VA disability pages.
How to estimate your 2027 payment now that the COLA is set
Now that Social Security has published the COLA, you can estimate your own 2027 rate. Multiply your 2026 rate by 1 plus the COLA percentage and round to the cent. A 2026 rate of $1,808.45 times 1.036 gives about $1,873.55. That number is arithmetic on a published percentage, not a VA rate, and it stays an estimate until Congress acts.
Two cautions apply. First, the estimate becomes a rate only if Congress passes the act and VA publishes the table. Second, VA's table controls. If your own multiplication differs from VA's published figure by a cent, VA's number is the one you will be paid.
What does not change with the COLA
The COLA changes dollar amounts only. It does not change:
- Your rating. A 70% rating stays 70%. The COLA raises the payment attached to your rating, not the rating itself.
- The combined-ratings math. VA still combines ratings under 38 CFR 4.25, rounding the final value to the nearest 10. The VA math guide shows how.
- Taxes. VA disability compensation is exempt from taxation under 38 U.S.C. 5301, before and after the increase.
- How SSI treats it. If you also receive SSI, remember that SSI counts VA compensation as unearned income under 20 CFR 416.1121(a), so a VA increase can change your SSI amount.
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.
This article provides general information about federal VA disability compensation rates, not legal or financial advice. RecordingLaw.com is not affiliated with, endorsed by, or sponsored by the U.S. Department of Veterans Affairs. Rates and bill status were verified on November 13, 2026 against va.gov, the Government Publishing Office's bill status records, the Federal Register (including SSA's 2027 cost-of-living notice), Bureau of Labor Statistics CPI-W data and the U.S. Code, and this page will be updated when VA publishes the 2027 rates. Filing a VA disability claim is free, whether you file yourself at va.gov or get help from an accredited Veterans Service Organization.
Statutes cited reflect their in-force version as of 2026-11-12.
Frequently Asked Questions
What are the VA disability rates for 2027?
VA has not published them. The Social Security COLA is now official at 3.6%, stated in SSA's notice for 2027, but that alone changes nothing for VA. The 2027 rates take effect December 1, 2026 only once Congress passes the Veterans' Compensation Cost-of-Living Adjustment Act of 2026. The House passed it on November 9, 2026 and the Senate passed it without amendment by voice vote on November 11, 2026. On the official bill status record as checked on November 13, 2026 the bill had not been presented to the President or signed. Until then VA pays the 2026 rates, from $180.42 a month at 10% to $3,938.58 at 100% for a veteran with no dependents.
How much will VA disability go up in 2027?
By the same percentage as the Social Security COLA, if Congress passes the annual act, as it has every year since at least 2016. SSA has set that percentage at 3.6% for 2027 in its annual notice, consistent with the CPI-W increase from July to September 2025 to the same months of 2026. VA cannot pay the increase until the act is signed and VA publishes its table.
Is the VA cost-of-living increase automatic?
Not for disability compensation. Congress passes a separate act each year that raises compensation by the Social Security COLA percentage. VA pension, DIC for parents, and the section 1805 monthly allowance are the benefits that adjust automatically under 38 U.S.C. 5312.
When will the 2027 VA rates be posted?
VA has not announced a date, and as of November 13, 2026 its rate pages still showed the amounts effective December 1, 2025. In 2023, 2024, and 2025 VA posted its new tables between November 30 and December 2, each time after that year's act had been signed.
When will I see the 2027 increase in my VA payment?
The new rate applies from December 1, 2026. Because VA pays at the start of each month for the prior month, the first payment at the new rate arrives at the start of January 2027.
Does the VA COLA change my disability rating?
No. The COLA raises the dollar amount paid at each rating. Your rating percentage, your combined rating, and any Permanent and Total status stay the same.
Is the VA COLA the same as the Social Security COLA?
The percentage is the same, because each year's compensation act adopts the Social Security COLA. The legal source is different: Social Security's increase is automatic under 42 U.S.C. 415(i), while VA compensation needs the annual act.
Updates
Independently fact-checked against the cited primary sources
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
§ 1114Rates of wartime disability compensationIn forcecited in 7 of our articles
For the purposes of section 1110 of this title — if and while the disability is rated 10 percent the monthly compensation shall be $123; if and while the disability is rated 20 percent the monthly compensation shall be $243; if and while the disability is rated 30 percent the monthly compensation shall be $376; if and while the disability is rated 40 percent the monthly compensation shall be $541; if and while the disability is rated 50 percent the monthly compensation shall be $770; if and while the disability is rated 60 percent the monthly compensation shall be $974; if and while the disability is rated 70 percent the monthly compensation shall be $1,228; if and while the disability is rated 80 percent the monthly compensation shall be $1,427; if and while the disability is rated 90 percent the monthly compensation shall be $1,604; if and while the disability is rated as total the monthly compensation shall be $2,673; if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete…
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 260 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):On special monthly compensation under § 1114(s), Gary D. Bradley v. James B. Peake (2008) held that a TDIU rating based on a single disability can meet the "rated as total" requirement, while a 100% combined rating cannot. Gazelle v. Shulkin (2017) held the additional 60% must be computed with the combined ratings table.
Opinions citing this section in our collection:
- Gary D. Bradley v. James B. Peake (United States Court of Appeals for Veterans Claims 2008, 22 Vet. App. 280)✓A Vietnam veteran sought special monthly compensation under 1114(s); the court held a 100% combined rating does not satisfy the single total-disability requirement, but a TDIU rating based on one disability can, and remanded to assess whether his PTSD alone warranted TDIU.
- Buie v. Shinseki (United States Court of Appeals for Veterans Claims 2010, 24 Vet. App. 242)✓A veteran's TDIU rested on back and knee disabilities; the court held TDIU based on multiple disabilities cannot meet 1114(s)'s single-disability requirement, but VA must check whether any combination qualifies, and remanded to ask if his PTSD alone warranted TDIU.
- Gazelle v. Shulkin (Court of Appeals for the Federal Circuit 2017, 868 F.3d 1006)✓A veteran rated 100% for PTSD argued his other disability ratings added up to 60%; the court held 1114(s)(1) requires the additional disabilities to reach 60% under the combined ratings table, not simple addition, and affirmed the denial of special monthly compensation.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: 100% VA Disability Pay 2026: $3,938.58 a Month + Full Benefits List, 70% VA Disability Rating (2026): Monthly Pay and Benefits, 80% VA Disability Rating (2026): Monthly Pay and Benefits
§ 1115Additional compensation for dependentsIn forcecited in 2 of our articles
Any veteran entitled to compensation at the rates provided in section 1114 of this title, and whose disability is rated not less than 30 percent, shall be entitled to additional compensation for dependents in the following monthly amounts: If and while rated totally disabled and— has a spouse but no child, $150; has a spouse and one or more children, $259 plus $75 for each child in excess of one; has no spouse but one or more children, $101 plus $75 for each child in excess of one; has a parent dependent upon such veteran for support, then, in addition to the above amounts, $120 for each parent so dependent; notwithstanding the other provisions of this paragraph, the monthly payable amount on account of a spouse who is (i) a patient in a nursing home or (ii) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person, shall be $286 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section; and notwithstanding the other provisions of this paragraph, the monthly amount payable on account of each child who has attained the age of eighteen…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
§ 5312Annual adjustment of certain benefit ratesIn forcecited in 2 of our articles
Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 1521, 1541, and 1542 of this title, the rate of increased pension paid under such sections 1521 and 1541 on account of children, and each rate of monthly allowance paid under section 1805 of this title, as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
§ 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: Small Claims Court by State: Limits, Fees and Appeals (2026), VA Disability Benefits (2026): Ratings, Pay Rates, and How Claims Work
§ 1162Clothing allowanceIn forcecited in 2 of our articles
The Secretary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716 1 See Special Benefit Allowance Rates note below. per year to each veteran who— because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which the Secretary determines tends to wear out or tear the clothing of the veteran; or uses medication which— a physician has prescribed for a skin condition which is due to a service-connected disability; and the Secretary determines causes irreparable damage to the veteran’s outergarments. Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following: The date on which the veteran elects to no longer receive such payments. The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c). The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Sursely v. Peake (Court of Appeals for the Federal Circuit 2009, 551 F.3d 1351)“…his claim for two separate clothing allowances pursuant to 38 U.S.C. § 1162. See Sursely v. Peake, 22 Vet. App. 21 (…”
- James E. Sursely v. James B. Peake (United States Court of Appeals for Veterans Claims 2007, 22 Vet. App. 21)“…m for entitlement to more than one clothing allowance under 38 U.S.C. § 1162. Record (R.) at 1-5. This appeal is time…”
- Susy Short Bear v. R. James Nicholson (United States Court of Appeals for Veterans Claims 2005, 19 Vet. App. 341)“…that denied her entitlement to a clothing allowance under 38 U.S.C. § 1162 because that statute does not authorize…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1311Dependency and indemnity compensation to a surviving spouseIn forcecited in 2 of our articles
Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $1,154. The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 52 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Nat'l Org. Of Veterans Advocates v. Secr'y Of Veterans Affairs (Court of Appeals for the Federal Circuit 2001, 260 F.3d 1365)“…terprets a virtually identical veterans' benefits statute, 38 U.S.C. § 1311 (a)(2). We further conclude that the a…”
- Sharp v. United States (Court of Appeals for the Federal Circuit 2009, 580 F.3d 1234)“…ause the Court of Federal Claims correctly determined that 38 U.S.C. § 1311(e) partially repealed 10 U.S.C. § 1450(…”
- Barela v. Shinseki (Court of Appeals for the Federal Circuit 2009, 584 F.3d 1379)“…onal Office should have adjudicated her claim according to 38 U.S.C. § 1311, rather than § 1310 or § 1318. S…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1313Dependency and indemnity compensation to childrenIn forcecited in 2 of our articles
Whenever there is no surviving spouse of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates: one child, $488; two children, $701; three children, $915; and more than three children, $915, plus $174 for each child in excess of three. If dependency and indemnity compensation has been awarded under this section to a veteran’s child or children and the entitlement to dependency and indemnity compensation under this section of an additional child of that veteran who is over the age of eighteen years and who had previously been entitled to dependency and indemnity compensation under this section before becoming eighteen years of age is later reestablished effective retroactively upon determination that such child is pursuing a course of instruction at an approved educational institution, the amount payable retroactively to the additional child is the amount equal to the difference between the total of the increased award payable under this section to the children of the deceased veteran for the retroactive period and the prior…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Dobson v. Brown (United States Court of Appeals for Veterans Claims 1993, 4 Vet. App. 443)“…ot entitled to dependency and indemnity compensation under 38 U.S.C.A. § 1313 (West 1991). Upon consideration of the…”
- Karen S. McDowell v. Eric K. Shinseki (United States Court of Appeals for Veterans Claims 2009, 23 Vet. App. 207)“…y as a precondition to a child’s receipt of benefits under 38 U.S.C. §§ 1313 and 1314. I would find that the regula…”
- Burden v. Shinseki (Court of Appeals for the Federal Circuit 2013, 727 F.3d 1161)“…rovide DIC benefits directly to the veteran’s children. See 38 U.S.C. § 1313. Thus, when the VA recognizes a common l…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 42
§ 415Computation of primary insurance amountIn forcecited in 6 of our articles
For the purposes of this subchapter— The primary insurance amount of an individual shall (except as otherwise provided in this section) be equal to the sum of— 90 percent of the individual’s average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph (B), 32 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (i) but do not exceed the amount established for purposes of this clause by subparagraph (B), and 15 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Also relied on in: Social Security COLA 2027: How It Is Set and When It Is Announced, SSI and SSDI Amounts 2027: Payments, SGA and Limits
Code of Federal Regulations Title 20
§ 416.1121Types of unearned income.In forcecited in 4 of our articles
Some types of unearned income are— (a) Annuities, pensions, and other periodic payments. This unearned income is usually related to prior work or service. It includes, for example, private pensions, social security benefits, disability benefits, veterans benefits, worker's compensation, railroad retirement annuities and unemployment insurance benefits. (b) Alimony and support payments. For SSI purposes, alimony and support payments are cash or in-kind contributions to meet some or all of a person's needs for food or shelter. Support payments may be made voluntarily or because of a court order. Alimony (sometimes called maintenance) is an allowance made by a court from the funds of one spouse to the other spouse in connection with a suit for separation or divorce. (c) Dividends, interest, and certain royalties. Dividends and interest are returns on capital investments, such as stocks, bonds, or savings accounts. Royalties are compensation paid to the owner for the use of property, usually copyrighted material or natural resources such as mines, oil wells, or timber tracts.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 49 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Moreland v. Sullivan (District Court, C.D. Illinois 1991, 765 F. Supp. 970)“…ry when determining the amount of benefits due a claimant. 20 C.F.R. § 416.1121 (b). In addition, by specifically exclu…”
- Martha M. BURNETT, Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, Appellant (Court of Appeals for the Eighth Circuit 1985, 756 F.2d 621)“…sability benefits is considered "income” for SSI purposes, 20 C.F.R. § 416.1121 (a), but cannot be counted until actual…”
- Florence Paxton v. Secretary of Health and Human Services (Court of Appeals for the Ninth Circuit 1988, 856 F.2d 1352)“…late to the claimant’s prior work or service. 20 C.F.R. § 416.1121 (a). As we noted earlier, many types of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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: 90% VA Disability Rating (2026): Pay and the Gap to 100%, How Does VA Math Work? Combined Ratings Explained (with Examples), How to Appeal a VA Rating Decision: The Three Review Lanes (2026)
Sources and References
- VA.gov, Current Veterans disability compensation rates (effective Dec. 1, 2025)(va.gov).gov
- Congress.gov, H.R. 8552, Veterans' Compensation Cost-of-Living Adjustment Act of 2026(congress.gov).gov
- Congress.gov, S. 4487, Veterans' Compensation Cost-of-Living Adjustment Act of 2026(congress.gov).gov
- Public Law 119-42, Veterans' Compensation Cost-of-Living Adjustment Act of 2025 (Nov. 25, 2025)(congress.gov).gov
- Public Law 118-130, Veterans' Compensation Cost-of-Living Adjustment Act of 2024 (Nov. 25, 2024)(congress.gov).gov
- 38 U.S.C. 5312, annual adjustment of certain benefit rates (pension, parents' DIC, section 1805 allowance)(govinfo.gov).gov
- VA, Cost of Living Adjustments for Service-Connected Benefits, Federal Register (Feb. 17, 2026)(federalregister.gov).gov
- 42 U.S.C. 415(i), Social Security cost-of-living increases(govinfo.gov).gov
- Bureau of Labor Statistics, Consumer Price Index release schedule(bls.gov).gov
- VA Form 21-8764, Disability Compensation Award Attachment (payment timing)(vba.va.gov).gov
- VA News, Record pay increase for Veterans receiving VA compensation benefits (Dec. 2022)(news.va.gov).gov
- VA.gov, Special monthly compensation rates(va.gov).gov
- 38 CFR 4.25, combined ratings table(ecfr.gov).gov
- 38 U.S.C. 5301, nonassignability and exempt status of benefits(govinfo.gov).gov
- 20 CFR 416.1121, SSI unearned income includes veterans benefits(ecfr.gov).gov
- Bureau of Labor Statistics, CPI-W series CWUR0000SA0, monthly index levels (July to September 2026: 327.104, 328.481, 330.654)(data.bls.gov).gov
- Government Publishing Office, bill status for H.R. 8552, Veterans' Compensation Cost-of-Living Adjustment Act of 2026 (action log through June 30, 2026)(govinfo.gov).gov
- Government Publishing Office, bill status for S. 4487, Veterans' Compensation Cost-of-Living Adjustment Act of 2026 (referred May 11, 2026)(govinfo.gov).gov
- Public Law 119-42, Veterans' Compensation Cost-of-Living Adjustment Act of 2025 (Nov. 25, 2025), full text at the Government Publishing Office(govinfo.gov).gov
- Social Security Administration, Cost-of-Living Increase and Other Determinations for 2027, Docket No. SSA-2026-1024, 91 FR 67380 (scheduled for publication October 26, 2026)(federalregister.gov).gov
- Public inspection copy of SSA's Cost-of-Living Increase and Other Determinations for 2027, filed October 23, 2026 (3.6 percent COLA, 2027 SSI rates, SGA and trial work period amounts)(federalregister.gov).gov
- H.R. 8552, Veterans' Compensation Cost-of-Living Adjustment Act of 2026, Engrossed in House (EH) text, "Passed the House of Representatives November 9, 2026"(govinfo.gov).gov