Two 50 Percent Ratings Add Up to 80, Not 100. The Missing 20 Points Are Worth $22,037 a Year.
Last updated: July 16, 2026
Your Rating Looks Like a Percentage. It Is Not One.
You have a 50 percent rating for your back. You win a second claim, another 50 percent, for your knees. You do the arithmetic any ten-year-old would do and you get 100. Your award letter says 80 percent. Nobody made a mistake. The letter is following a rule that has been sitting in the Code of Federal Regulations for decades, and almost nothing about it is explained to you before it costs you money.[5, 1]
The Department of Veterans Affairs says it out loud on its own website, and the sentence is worth reading twice: "If you had 2 disabilities, each rated at 10% disabling, your combined disability rating is 19%." Ten plus ten is nineteen. VA calls the reason for this the "whole person theory," and the regulation that runs it, 38 CFR 4.25, explains itself in language that is almost startling: "a person having a 60 percent disability is considered 40 percent efficient." Each new disability does not get added to you. It gets multiplied against what the government considers to be the working part of you that is left.[13, 5]
Turn the two 50s into money and the rule stops being a curiosity. Under the rates that took effect on December 1, 2025, a veteran with no dependents at 80 percent receives $2,102.15 a month. At 100 percent, the same veteran receives $3,938.58. The twenty points that the arithmetic quietly removed are worth $1,836.43 every month — $22,037.16 a year, tax free, for as long as the rating stands.[1, 2]
And there is a sharper version of the same rule, one that decides how veterans should spend their time. If you are already at 70 percent and you file a new claim for a 10 percent condition and you win — the table combines 70 and 10 into 73, and 73 rounds back down to 70. Your check moves by exactly zero dollars. The same is true at 60, at 80, and at 90. At 50 percent, the identical win is worth $302.12 a month. Nothing about your body explains the difference. The rounding rule does.[5, 1]
This guide is about the machines that set the number: the combining arithmetic, the effective date that decides your back pay, and what the examiner is required to write down about you. It is not an introduction to disability programs in general — if you want SSDI, SSI, or private long-term disability, our disability insurance guide covers those, and it is where the sentence "VA compensation is tax-free" comes from. This article starts where that one stops: at how the number is actually built.[36, 20]
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The Combining Machine: How VA Turns Two Numbers Into One
The rule lives in 38 CFR 4.25 and it works in three steps. First, your disabilities are lined up "in the exact order of their severity, beginning with the greatest disability." Second, they are combined two at a time using a lookup grid the regulation calls Table I. Third — and only at the very end — the result is "converted to the nearest number divisible by 10, and combined values ending in 5 will be adjusted upward."[5]
The regulation prints its own examples, which is convenient, because they settle arguments. "With a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent." And: "with a disability of 40 percent, and another disability of 20 percent, the combined value is found to be 52 percent, but the 52 percent must be converted to the nearest degree divisible by 10, which is 50 percent." Read that second one slowly. A veteran added a whole 20 percent disability and moved from 40 to 50 — ten points, for twenty points of injury.[5]
Two details about Table I are worth knowing because they are where people go wrong. The grid hands back whole numbers, and the whole number is what you carry into the next combination — not a decimal you worked out on your phone. And the left-hand column of the table starts at 19. There is no row for 10. The lowest number the government thought worth printing is the one you get when two ten-percent disabilities meet. The arithmetic is built into the furniture.[5]
Now run three disabilities, because most veterans have far more than that. Three 30 percent ratings: the first two combine to 51. Fifty-one combined with the third 30 gives 66. Sixty-six rounds to 70 percent. Simple addition said 90. The gap is twenty points. And this is where the "round only at the end" rule earns its keep — 4.25(b) says conversion to the nearest degree divisible by 10 is "done only once per rating decision" and "will be the last procedure." Round in the middle and you will get a different, wrong answer.[5]
None of this is exotic. According to VA's own Annual Benefits Report, the average veteran drawing compensation carries 7.34 service-connected disabilities — 46,496,235 of them spread across 6,338,253 people. For Gulf War era veterans the average is 9.07. Almost nobody has one rating. The combining machine is not an edge case you might someday hit. For nearly everyone, it is the thing that produced your number.[43]
The Claim You Win That Pays You Nothing
Here is the part of the arithmetic that should change what you do on a Saturday morning. Take a veteran sitting at 70 percent who files for a new 10 percent condition and wins it. Table I combines 70 and 10 into 73. Seventy-three is not within five of eighty, so it converts back to 70 percent. The rating letter will list a new service-connected disability. The payment will not change by one cent.[5, 1]
The same dead end sits at 60 (which combines to 64), at 80 (which combines to 82), and at 90 (which combines to 91). Four of the ten rungs on the ladder are places where a 10 percent win is worth $0.00. But at 50 percent, 50 and 10 combine to 55 — and because the regulation says values "ending in 5 will be adjusted upward," 55 becomes 60 percent. The very same victory that pays nothing at 60 pays $302.12 a month at 50. One sentence about rounding decides which it is.[5, 1]
It is tempting to call this a bureaucratic accident. It is not. Follow it upward and it ends at Congress. 38 U.S.C. 1155 instructs that the rating schedule "shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent," and so on to "total, 100 percent." Congress said ten grades. So VA must round to tens. So the table says 73. So the payment table pays 70. Every link in that chain is doing exactly what it was told.[14, 5]
The practical consequence is blunt. If you are at 60, 70, 80, or 90, a 10 percent claim is worth filing only for reasons other than this month's check — it can matter later, when another rating lands and the combination shifts, and it can matter for programs that key off having any compensable rating. But if the goal is money now, the honest options are a larger evaluation on a condition you already have, a claim for something rated higher than 10 percent, or the unemployability route described later in this guide. Knowing which rung you are standing on tells you which of those to spend your energy on.[5, 11]
When Both Sides Hurt, a Second Machine Runs First
If you are rated for both knees, or both shoulders, or paired skeletal muscles, a separate rule fires before the ordinary combining starts. 38 CFR 4.26 — the bilateral factor — takes the combined value of the paired extremities and says "10 percent of this value will be added (i.e., not combined)." That parenthesis is the whole point. For once, VA adds. Everywhere else it multiplies your remaining efficiency away.[6]
Order matters, and the regulation is explicit: "The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out." Its own printed example is worth walking. A veteran has ratings of 60, 20, and two bilateral 10s. The paired 10s combine to 19; ten percent of 19 is added, giving 21. Now the order of severity is 60, 21, 20. Sixty and 21 give 68. Sixty-eight and 20 give 74. Seventy-four converts to 70 percent.[6, 5]
That example also demonstrates the integer trap. If you carry decimals through it instead of the whole numbers the table gives you, the arithmetic drifts and you land on 80 percent — a ten-point error inside the government's own worked example. Use the table's number. And note the regulation's escape hatch: if leaving a disability out of the bilateral calculation produces a better result for the veteran, it may be "removed from the bilateral factor calculation and combined separately." The rule is not allowed to hurt you.[6]
The Pay Table Is Steeper Than the Rating Ladder
Even if the combining rule did not exist, the rating would still be a poor guide to the money, because the payment scale bends sharply upward at the top. Here is the whole ladder for a veteran with no dependents, from the rate table published at 91 FR 7386: 10 percent pays $180.42, 20 pays $356.66, 30 pays $552.47, 40 pays $795.84, 50 pays $1,132.90, 60 pays $1,435.02, 70 pays $1,808.45, 80 pays $2,102.15, 90 pays $2,362.30, and 100 pays $3,938.58.[1, 15]
Two things jump out. First, 100 percent is not double 50 percent — it is 3.48 times as much. Second, and more useful: the step from 90 to 100 is worth $1,576.28 a month, while the step from 10 to 20 is worth $176.24. The last ten points on the ladder pay about nine times what the first ten points pay. This is why so much of the fighting in this system happens at the top, and why the difference between 90 and 100 is not a formality.[1]
There is a second cliff, and it catches families. Additional compensation for a spouse, children, or dependent parents comes from 38 U.S.C. 1115 — and it starts only at 30 percent. A veteran at 20 percent with three children receives the same $356.66 as a veteran at 20 percent living alone. Cross into 30 percent and the dependent amounts switch on. At 30 percent and above, a spouse adds $219.59 at the 100 percent level, with proportionally smaller amounts at lower ratings.[16, 1]
A separate ladder exists above and alongside this one. Special Monthly Compensation, set by 38 U.S.C. 1114(k) through (t), pays for specific losses — loss of use of a limb, blindness, the need for aid and attendance — and it runs on its own rates, from $139.87 at the (k) level to $4,900.83 at (l) and beyond. It is a different machine with different rules, and if any of those descriptions fit you, it deserves its own conversation with an accredited representative rather than a paragraph here.[15, 1]
Your Raise Is Not Automatic. Congress Passes It One Year at a Time.
Ask most veterans how the annual increase works and you will hear that VA "matches Social Security." That is what happens, and VA's own rate page says it: "We are required by law to match the percentage of cost-of-living adjustments made to Social Security benefits." What almost nobody knows is which law, and the answer changes how secure the raise actually is.[3]
Social Security's increase is automatic — the statute runs it every year with no vote required. Veterans' compensation is not built that way. The notice that produced your current check, 91 FR 7386, names its authority in the first line: "As required by the Veterans' Compensation Cost-of-Living Adjustment Act of 2025, Public Law 119-42." Its dates section adds: "These adjustments became effective on December 1, 2025, the date provided by Public Law 119-42." That is a bill. Congress wrote it, passed it, and the President signed it — for one year.[1]
The same notice shows how the number gets picked: "The Social Security Administration has announced that there will be a 2.8% cost-of-living increase in Social Security benefits for 2026. Therefore, applying the same percentage, the following rates for VA's compensation program became effective on December 1, 2025." So the match to Social Security is real — but it is real because a fresh statute said so this year, not because a permanent mechanism guarantees it. Bills to make the veterans' COLA automatic have been introduced. They remain bills.[1, 4]
This is not a prediction that a raise will be missed; Congress has passed the act every year, and the political cost of not doing so would be severe. It is a correction to a common belief. "VA follows Social Security" describes a result, not a right. If you are budgeting years ahead on the assumption that the number rises on its own the way Social Security does, you are relying on a habit rather than a mechanism.[1]
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The Law Says It Measures Lost Earnings. Nobody Looks at Your Paycheck.
The statute behind the whole schedule is one sentence long and it says something surprising. 38 U.S.C. 1155: the ratings "shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations." VA is not rating your pain. It is estimating, in the aggregate, how much a condition like yours typically costs a person in the civilian labor market.[14]
Read that as an ordinary person and you would expect VA to ask what you earn. It does not. You can be rated 100 percent and hold a full-time job at a good salary, and the check keeps coming. Nothing in the compensation rules requires you to stop working, reduce your hours, or report your income. The word "average" is doing the work: Congress asked for a table of typical losses, not an audit of yours.[14, 36]
This is the single sharpest contrast with Social Security disability, and it trips up veterans who read about both in the same afternoon. SSDI is built around whether you can work; earning above a monthly threshold ends the claim. VA compensation asks a different question entirely — whether service caused the condition, and how severe the condition is now. Our guide to SSDI denials walks that other system, and the two do not offset each other. Many veterans draw both.[36, 14]
There is exactly one place where your actual employment comes back into the picture, and it is the subject of a later section: total disability based on individual unemployability. Outside of that door, the rating schedule is deliberately blind to what you earn. That blindness is the reason the arithmetic matters so much. Since nobody is measuring your real losses, the table is the only thing standing between your injuries and your money.[11]
Before Any of the Math: Proving the Service Caused It
The rating schedule never opens until service connection is established, and 38 CFR 3.303 sets the frame: service connection means the facts show a disability was "incurred coincident with service" or aggravated by it. In practice VA is looking for three things at once — a current diagnosed condition, an in-service event, injury, or illness, and a medical link between them, usually called the nexus. Miss any one and the strongest evidence for the other two does not save the claim.[28, 17]
You do not carry that burden alone, and this is a genuine structural difference from most benefit systems. Under 38 CFR 3.159 and 38 U.S.C. 5107, VA owes you a duty to assist: it must make reasonable efforts to obtain your service records, your VA treatment records, and any private records you identify, and it must provide a medical examination when the evidence suggests one is needed. The duty is not unlimited, and it does not mean VA will build your case. It does mean a claim should not die simply because a record was hard to find.[32, 18]
Look at what actually gets service-connected and the shape of this system becomes clear. VA's Annual Benefits Report lists the most prevalent service-connected disabilities across all 6.3 million recipients: tinnitus (3,583,295), limitation of flexion of the knee (2,312,985), paralysis of the sciatic nerve (2,026,583), lumbosacral or cervical strain (1,791,869), post-traumatic stress disorder (1,760,497), and hearing loss (1,690,837). These are not exotic injuries. They are ears, backs, knees, and minds — the ordinary wear of military work.[43]
The List That Skips the Hardest Part of the Proof
The nexus — the medical link between service and the condition — is where most claims get hard, because it can require a doctor to say something about an exposure that happened decades ago in a place with no records. So Congress and VA built a shortcut. Under 38 CFR 3.307 and 38 CFR 3.309, certain conditions are presumed to be service-connected if you served in a specified place during a specified period. You do not have to prove the link. VA assumes it.[29, 30]
The PACT Act widened this list substantially for veterans exposed to burn pits, Agent Orange, and other hazards, adding conditions and expanding the locations and dates that qualify. If you served near burn pits in Iraq or Afghanistan, in Vietnam or its offshore waters, at Camp Lejeune, or around radiation, the practical question is not whether you can prove causation. It is whether your dates and locations match a list.[33, 34]
One presumption is easy to miss because it has nothing to do with exposure at all. Certain chronic conditions — arthritis, hypertension, diabetes, psychoses and others listed in 3.309(a) — are presumed service-connected if they appear to a compensable degree within one year of discharge. If you left the service recently and something surfaced in that first year, the timing itself is evidence. That window closes, and unlike most VA deadlines, it cannot be reopened by filing later.[30, 35]
A presumption is a shortcut through the nexus, not a guarantee of a rating. Once VA accepts that the service caused the condition, the schedule takes over and asks how bad it is right now — which puts you straight back into the arithmetic, the exam room, and the questions the rest of this guide is about.[29, 7]
You Are Rated on the Unmedicated You, Not the Medicated One
Here is a question that decides thousands of dollars a year and that almost nobody asks before their exam. You take medication for your service-connected back. On the medication, you can bend further and hurt less. Should VA rate the back you have on the pills, or the back you would have without them?[10]
The courts answered, and the answer is the unmedicated one — for diagnostic codes that do not themselves mention medication. In Jones v. Shinseki, 26 Vet. App. 56 (2012), the Court of Appeals for Veterans Claims held that when a diagnostic code says nothing about medication, the Board errs by denying a higher rating because medication helped. The reasoning was simple: some codes do mention medication, most do not, and reading it into the ones that stay silent inserts a criterion VA chose to leave out.[24]
The line moved twice more. In McCarroll v. McDonald, 28 Vet. App. 267 (2016) (en banc), the court said for the first time that the Jones rule required the Board "to discount the ameliorative effects of medication" — a word, VA later pointed out in its own Federal Register filing, that "Jones itself did not use ... in the rating context." Then on March 12, 2025, in Ingram v. Collins, 38 Vet. App. 130, the court extended the rule to musculoskeletal conditions rated on limitation of motion, and held that where the record does not show the baseline severity without medication, adjudicators must send the claim back to get it.[24, 26]
It is worth being precise about scope, because the internet is not. Ingram is a musculoskeletal case about limitation-of-motion codes. The broader Jones principle reaches any diagnostic code that stays silent about medication, but no court has said every condition is automatically rated as if untreated, and the veterans' law group that won Ingram announced it in musculoskeletal terms. If your rating criteria explicitly account for medication — some do — this line of cases does not help you.[26, 12]
Even so, "musculoskeletal, limitation of motion" is not a corner of this system. It is the middle of it. Four of the ten most common service-connected disabilities in the entire VA rolls are exactly that: limitation of flexion of the knee (2,312,985 ratings), lumbosacral or cervical strain (1,791,869), limitation of motion of the arm (1,385,549), and limitation of motion of the ankle (1,273,110). When VA told the Federal Register that Ingram "could be applied broadly to over 500 separate diagnostic codes, requiring re-adjudications of over 350,000 currently pending claims," it was not exaggerating.[43, 24]
Ten Days in February: VA Tried to Reverse That Rule, Then Walked Away Twice
On February 17, 2026, VA published an interim final rule at 91 FR 7118 that rewrote 38 CFR 4.10. It added two sentences instructing examiners that they "will not estimate or discount improvements to the disability due to the effects of medication or treatment," and that "if medication or other treatment lowers the level of disability, the rating will be based on that lowered disability level." In plain terms: rate the medicated veteran. It took effect the day it was published, with no advance notice and no comment period, on a finding of "good cause."[24]
The paperwork around it says how much was riding on it. The Office of Information and Regulatory Affairs found the rule to be a major rule under the Congressional Review Act "because it is likely to result in an annual effect on the economy of $100 million or more" — and, in the same breath, "a deregulatory action" under Executive Order 14192. VA also invoked a separate good-cause provision to skip the Congressional Review Act's sixty-day waiting period, so that a rule worth nine figures a year could bind examiners immediately.[24]
It lasted ten days. On February 27, 2026, at 91 FR 9712, VA rescinded the rule and restored the old text — before the comment period it had announced was anywhere near closing. The rescission is unusually candid: VA wrote that it "recognizes that many commenters construed the interim final rule as something that could result in adverse consequences," and that immediate rescission "ensures continuity in adjudication and preserves the status quo."[25]
The rescission also contained a warning that a lot of coverage skipped: "This action does not resolve the legal questions now before the courts; it simply restores prior regulatory text to maintain stability." That was accurate on February 27. VA had appealed Ingram to the Federal Circuit back on July 29, 2025, docket number 25-1972, and that appeal was still alive. Pulling the rule did not end the fight; it only took VA's thumb off the scale while the fight continued.[25, 27]
Then VA walked away from that too. On March 26, 2026, the Secretary filed a joint stipulation of voluntary dismissal, and on March 30, 2026, the Federal Circuit dismissed the appeal. VA never filed its opening brief. Within six weeks it had abandoned both routes it had taken against Ingram — the rulemaking and the appeal — and as of this writing the Federal Register shows no further action: the regulatory identifier for that rule, RIN 2900-AS49, has exactly two documents to its name, the rule and its rescission, and 38 CFR Part 4 has had no rulemaking at all since February 27, 2026.[27, 25]
So what is 4.10 today? Exactly what it was before February. Nothing about it is new, and its closing sentence — untouched by all of this — reads like the answer to the whole argument: "a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity." If a law firm's blog still tells you that claims decided after February 17, 2026 are governed by a new medication rule, it is describing a rule that has not existed since February 27.[10, 25]
The Exam Is Not a Check-Up. It Is the Evidence.
Most of a VA claim is decided in a room you are in for less than an hour. The compensation and pension exam — the C&P exam — is not treatment and the examiner is not your doctor. Their job is to record findings on a form that a rater, who will never meet you, uses to pick a number out of the schedule. Nothing you say in that room heals anything. Everything you say in that room becomes evidence.[41]
The regulations tell the examiner what to look for, and they are more generous than most veterans realize. 38 CFR 4.1 demands "accurate and fully descriptive medical examinations" that emphasize "the limitation of activity imposed by the disabling condition." 4.2 asks the rater to assemble "a consistent picture" of your disability "considered from the point of view of the veteran working or seeking work." And 4.10 puts on the examiner "the responsibility of furnishing ... full description of the effects of disability upon the person's ordinary activity."[7, 8, 10]
Read those together and the honest answer to "how are you today?" is not "fine," and it is also not your worst day ever. It is your ordinary day, including the parts that do not show up in a fifteen-minute range-of-motion test: how many times a week the pain wakes you, what you have stopped doing, what you now need help with, how long you can stand before you have to sit. Veterans routinely under-describe, out of a habit the military trained into them. The form has no box for that habit.[10, 8]
Two rules quietly favor you when the picture is mixed. 38 CFR 4.7 says that when there is a question as to which of two evaluations applies, "the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating." And after the events of February described above, 4.10 stands unchanged, which means for a code that says nothing about medication, the severity to be described is the severity you have before the pills do their work.[9, 10]
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The Two-Minute Form That Decides Your Back Pay
When VA finally approves a claim, it does not pay you from the day it decided. It pays you from the effective date — and under 38 U.S.C. 5110 and 38 CFR 3.400, that is generally the date VA received your claim, not the date you got sick, not the date you left the service. Every month between the two is money that exists or does not exist depending on a piece of paper.[19, 39]
That is why the intent to file exists, and why it may be the highest-value two minutes in this entire system. Under 38 CFR 3.155(b), if VA receives a complete application "within 1 year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received." You tell VA you intend to file. You then have a full year to gather records, get a nexus opinion, and do it properly — and when you finally file, your effective date snaps back to the day you said you intended to.[37, 38]
There are three ways to do it: start and save an application in VA's online system, submit the signed paper form (VA Form 21-0966), or tell designated VA personnel out loud and have it written down and dated in your file. A veteran who files an intent to file today and a polished claim eleven months from now is paid from today. A veteran who spends those same eleven months quietly perfecting the same claim, and files it at the end, is paid from the end. Same evidence. Same rating. Eleven months of difference.[37, 40]
The wait behind that date is real. VA's own workload report showed 600,878 claims pending, with 69,481 of them sitting past the 125-day mark that VA counts as its backlog. The effective date is what makes that wait survivable: whatever the queue does, the months are accruing behind you, and an approval pays them out in a lump. What the effective date cannot do is create months that started before you told VA anything.[42]
A Tie Goes to You. That Is Written Down.
Most systems that decide money make you win the argument. This one does not. 38 CFR 3.102: "When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant." 38 U.S.C. 5107 says the same thing in statute. You do not have to be more convincing. You have to be as convincing.[31, 18]
The regulation defines what it means, and the definition is the useful part: reasonable doubt is "one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim." It is "a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility." Balance is the trigger. When the scale sits level, the rule tips it toward you.[31]
Do not oversell it to yourself, though. The same regulation is clear that reasonable doubt is not "a means of reconciling actual conflict or a contradiction in the evidence." If a credible examiner says one thing and your records say another, that is a conflict for someone to resolve, not a tie you automatically win. And a doubt built on nothing but hope is "pure speculation or remote possibility," which the rule excludes by name.[31]
Still, this rule has no counterpart in the Social Security disability system, and that difference is worth carrying with you. It changes what "enough evidence" means. You are not trying to overwhelm a skeptic. You are trying to get the scale level — and then the regulation does the rest.[18, 31]
The Door That Pays 100 Percent Without a 100 Percent Rating
Everything above explains why so many veterans stall in the seventies and eighties: the arithmetic makes the last stretch brutally steep, and the last stretch is where the money is. There is a second way up, and it is the one place where the system finally looks at your actual working life. 38 CFR 4.16 — total disability based on individual unemployability, usually called TDIU — pays at the 100 percent rate when your service-connected disabilities keep you from holding substantially gainful work, even though your combined rating is lower.[11, 44]
The schedular gate has two shapes. If a single disability is doing the damage, "this disability shall be ratable at 60 percent or more." If several are, "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." Notice what just happened to the arithmetic: the combining machine that was blocking you from 100 is now the thing that carries you to the 70 you need to walk through this door.[11]
The phrase that decides most TDIU cases is "substantially gainful," and the regulation gives it an edge: "Marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person." Marginal work does not disqualify you. Neither, on a facts-and-circumstances basis, does work "in a protected environment such as a family business or sheltered workshop" — even above that threshold.[11]
And if you do not meet the percentages at all, the door is not locked. Paragraph (b) instructs that rating boards "should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities" but who fall short of the numbers. That is a narrow path and it is not automatic, but it exists precisely because Congress and VA knew the table would sometimes get the wrong answer.[11]
One accounting note, because it explains a statistic people misread. VA counts TDIU recipients in its published tables "by their combined evaluation, rather than as totally disabled." So when the Annual Benefits Report shows 1,847,449 veterans — 29.15 percent of everyone on compensation — at a combined degree of 100 percent, those are schedular hundreds, with TDIU veterans counted separately down in the 70s and 80s. That number has nearly doubled since FY2021, when it was 972,893.[43]
Paid Help on a First Claim Is Not Allowed. Free Help Is Required.
This is the part of the system most likely to cost you money for no reason, and the rule is short. 38 CFR 14.636(b): "Recognized organizations (including their accredited representatives when acting as such) ... are not permitted to receive fees." VA says the same thing in plainer words on its own site: "the services an accredited VSO representative provides on your VA benefit claims are always free." Not discounted. Not usually free. Not permitted to charge.[45, 46]
Accredited attorneys and claims agents are different — they may charge, but only after a line has been crossed. Under 14.636(c), fees may be charged only after VA has issued notice of an initial decision on the claim. In practical terms, nobody may lawfully charge you a fee to file your first claim. If someone is charging for that, they are either outside the accreditation system entirely or violating the rule inside it.[45, 21]
Once fees are allowed, the regulation prices them. Under 14.636(f)(1), fees "which do not exceed 20 percent of any past-due benefits awarded ... shall be presumed to be reasonable," while fees exceeding 33 and one-third percent "shall be presumed to be unreasonable." And when VA pays a representative directly out of your back pay, 14.636(h)(1)(i) caps that at 20 percent of the past-due award. Those are percentages of a one-time retroactive lump — not of your monthly check, and not forever.[45]
All of that structure only binds people inside the accreditation system. An industry has grown up outside it — companies that call themselves consultants or coaches, that are not accredited, and that therefore treat 14.636 as somebody else's problem. Their common price is a multiple of the monthly increase they claim credit for, collected up front. Before you sign anything, look the person up in VA's accreditation search. If they are not there, the fee protections in this section do not apply to them at all.[47, 45]
Denied or Rated Too Low: Three Doors, and You May Only Open One
A decision you disagree with is not the end, and VA offers three separate review routes. A Supplemental Claim is for when you have new and relevant evidence VA did not have before. A Higher-Level Review asks a more senior reviewer to look at the same record for an error — and, as VA puts it, "you can't submit new evidence with a Higher-Level Review." A Board Appeal sends the case to a Veterans Law Judge at the Board of Veterans' Appeals.[49, 48]
The deadlines are not what most people assume, and VA's own overview page does not state them. 38 CFR 3.2500(a)(1) gives you "within one year from the date on which the agency of original jurisdiction issues a notice of a decision" to elect a Higher-Level Review or a Board appeal. But paragraph (a)(2) lets you file a Supplemental Claim "at any time after VA issues notice of a decision." One of the three doors has no deadline at all — though filing within that first year is what protects your original effective date, which is usually the whole reason the fight is worth having.[48, 50]
The constraint that catches people is in paragraph (b): "A claimant who has filed for review under one of the options ... may not, while that review is pending final adjudication, file for review under a different available option." You must pick one and let it finish. That makes the choice strategic rather than procedural. If the problem is that VA never saw a key record, new evidence is the answer and a Supplemental Claim is the door. If the problem is that VA had everything and still applied the rules wrong, adding evidence is beside the point and a Higher-Level Review targets exactly that.[48, 51]
The Board is the third door, governed by 38 CFR 20.202, and it is where a judge rather than a rater looks at your file. It is also the slowest, which is the trade. Whichever door you choose, the free representation described in the previous section applies here too — and at this stage, because an initial decision has already issued, an accredited attorney or agent may lawfully take a fee, capped by the percentages in 14.636.[53, 52, 45]
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Can They Take It Back? Mostly No, and After 20 Years Almost Never
The fear that keeps veterans from filing for an increase is that VA will look again and take something away. The rules are more protective than the fear suggests. Start with the statute: 38 U.S.C. 1155 provides that "in no event shall such a readjustment in the rating schedule cause a veteran's disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran's disability is shown to have occurred." 38 CFR 3.951(a) says it again in regulation.[14, 54]
That sentence quietly answers the February episode described earlier. Even if VA had kept the rule it published on February 17, a change to the rating schedule cannot by itself cut a rating you already hold. Someone would still have to show that your disability actually improved. Rules change what happens to future evaluations far more easily than they change what you already have.[14, 25]
When VA does propose a reduction, 38 CFR 3.105(e) makes it a process rather than a letter. VA must issue a rating proposing the reduction, tell you why, give you 60 days to submit evidence, and give you the right to ask for a hearing — and the reduction cannot take effect until that clock has run. A proposal is not a decision. It is an invitation to respond, and responding is what it is for.[55]
And then there is the twenty-year wall. Under 38 CFR 3.951(b), a disability "which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes ... will not be reduced except upon a showing that such rating was based on fraud." Not improvement. Not a new exam. Fraud. After two decades, the floor under your rating is close to absolute.[54]
The Honest Other Half: What This Money Is Not
VA compensation is tax-free, and that is not a loophole — 38 U.S.C. 5301 exempts these payments, and 26 U.S.C. 104(a)(4) excludes them from gross income on the tax side. It is worth converting once so the number means something: $3,938.58 a month is $47,262.96 a year that never appears on a return, never faces income tax, and never pays Social Security or Medicare tax. Matching that after tax takes a materially larger salary — which is what the calculator below is for.[20, 22, 23]
What it is not is a wage. The statute behind the schedule speaks of "average impairments of earning capacity," which means the table is built for a population, not for you. If your civilian trade depended on the exact thing you lost — a knee for a firefighter, hearing for a musician — the schedule will not notice. It pays what a condition like yours costs people like you on average, which is precisely the case where an average is least useful. TDIU exists partly to catch that mismatch, and it does not catch all of it.[14, 11]
It also is not the other programs, and mixing them up costs people time. Compensation is not workers' compensation, which is an employer no-fault system for civilian injuries. It is not the private or Social Security disability systems in our disability insurance guide — and unlike them, it does not offset against either. It is not the VA home loan, which is a different benefit with a different agency office. VA burial allowances and VA life insurance are separate again.[20]
And the arithmetic that runs through this whole guide has an honest floor. It can tell you where the money is and where it is not. It cannot tell you whether a condition is service-connected, whether an examiner wrote your ordinary day down accurately, or whether the rung you are on is the right one. What it can do is stop you from spending a year chasing ten points that were never going to move your check — and that alone is worth the twenty minutes it takes to read your own decision letter with the table open beside it.[5, 10]
Key Takeaways
Ratings do not add. They combine against your remaining "efficiency" under 38 CFR 4.25, and the result is rounded to the nearest ten only once, at the very end. Two 50s make 80, not 100 — a gap worth $1,836.43 a month. Three 30s make 70, not 90. Use the table's whole numbers, not decimals, or you will be off by a full grade.[5, 1]
Know which rung you are on before you file. At 60, 70, 80, or 90 percent, winning a new 10 percent claim moves your check by $0.00, because 64, 73, 82, and 91 all round back down. At 50 percent the identical win is worth $302.12 a month. This is not caprice: 38 U.S.C. 1155 orders "ten grades of disability and no more," so the rounding, and the dead rungs, follow from statute.[5, 14]
File an intent to file today, even if the claim is not ready. Under 38 CFR 3.155(b), a complete application within one year is treated as filed on the day the intent arrived, which is what sets your back pay. And for diagnostic codes that say nothing about medication, you are rated on your unmedicated severity — VA published a rule against that on February 17, 2026, rescinded it ten days later, and dismissed its own Federal Circuit appeal on March 30. Nothing has replaced it since.[37, 25, 27]
Nobody may lawfully charge you to file a first claim, and accredited VSO help is free by regulation — check anyone against VA's accreditation search before you sign. If the ladder has stalled but the work has stopped, read 38 CFR 4.16 on unemployability, which pays at the 100 percent rate without a 100 percent rating. This article is general information, not legal or medical advice; your diagnostic codes, your dates, and your evidence are specific to you, and free accredited help exists before you pay anyone.[45, 11, 46]
Frequently Asked Questions
The questions below come up constantly, and several of them have answers that surprise people who have been in this system for years.[13]
Why is my combined rating lower than my ratings added together?
+
Because ratings are not added. Under 38 CFR 4.25, each disability is applied against the "efficiency" you have left after the previous one. A 60 percent disability leaves you 40 percent efficient; a further 30 percent disability removes 30 percent of that remaining 40, leaving 28 percent efficient — so you are 72 percent disabled, not 90. The combined value is then rounded to the nearest ten, once, at the very end.
I am at 70 percent and just won another 10 percent claim. Why did my payment not change?
+
Because 70 and 10 combine to 73 on the table, and 73 rounds back down to 70. The same happens at 60 (which gives 64), at 80 (82), and at 90 (91). At 50 percent it works differently: 50 and 10 give 55, and because the regulation adjusts values ending in 5 upward, you move to 60 percent, worth $302.12 more per month. If you are on one of the dead rungs and want the payment to move, the realistic routes are a higher evaluation on an existing condition, a claim rated above 10 percent, or unemployability under 38 CFR 4.16.
Did VA change the rules about medication in February 2026? Does the new rule apply to my claim?
+
No. VA published an interim final rule on February 17, 2026 that would have had examiners rate you at your medicated level, and it rescinded that rule on February 27, 2026, restoring the old text of 38 CFR 4.10. It then dismissed its own Federal Circuit appeal in Ingram v. Collins on March 30, 2026 without ever filing a brief, and the Federal Register shows no further rulemaking on 38 CFR Part 4 since. There is no new rule. Some law firm blog posts still describe the February version as if it were live.
Can I work full time and still receive VA disability compensation?
+
Yes, and this is the biggest single difference from Social Security disability. VA compensation is not means-tested and not work-tested. Under 38 U.S.C. 1155 the schedule pays for the average impairment of earning capacity across a population, so nobody looks at your paycheck. You can hold a full-time job at any salary and be rated 100 percent. The one exception is unemployability under 38 CFR 4.16, which is granted precisely because you cannot hold substantially gainful work; there, your employment does matter.
What is an intent to file, and is it really worth the trouble?
+
It is the single highest-value two minutes in the system. Under 38 CFR 3.155(b), if VA receives your complete application within one year of the intent to file, the claim is treated as filed on the date the intent arrived. Since your effective date usually sets your back pay, that can be eleven months of retroactive money for the same claim and the same evidence. You can do it by starting and saving an online application, filing VA Form 21-0966, or telling designated VA staff and having it recorded with a date.
Should I stop taking my medication before my C&P exam so the examiner sees how bad it really is?
+
No. Nothing in the regulations asks you to harm yourself to prove a claim, and the rule does not require it either. For diagnostic codes that say nothing about medication, the law already directs that your severity be assessed without discounting for the ameliorative effects of your medication, so the burden is on the record and the examiner, not on your body. What helps is describing your ordinary day accurately, including what the medication does not fix and what you have stopped doing. Stopping a prescription is a medical decision for your treating doctor, never a claims tactic.
How much can a lawyer charge me for a VA claim?
+
Nothing at all for your first claim. Under 38 CFR 14.636(c), an accredited attorney or claims agent may only charge a fee after VA has issued notice of an initial decision. Once fees are permitted, 14.636(f)(1) presumes a fee reasonable if it does not exceed 20 percent of any past-due benefits awarded, and presumes it unreasonable above 33 and one-third percent; direct payment by VA out of your back pay is capped at 20 percent. Accredited VSO representatives are not permitted to receive fees at all. None of this binds unaccredited consultants, so check the person in VA accreditation search before signing.
If I ask for an increase, can VA lower the rating I already have?
+
It is possible in principle but heavily fenced. A reduction requires evidence that your disability actually improved, and 38 U.S.C. 1155 forbids a change to the rating schedule from cutting an existing rating unless improvement is shown. Procedurally, 38 CFR 3.105(e) requires VA to propose the reduction in writing, explain it, give you 60 days to respond with evidence, and offer a hearing before it can take effect. And under 38 CFR 3.951(b), a rating continuously in effect for 20 or more years cannot be reduced except on a showing that it was based on fraud.
Is VA disability compensation taxable, and does it reduce my Social Security or workers comp?
+
It is not taxable. 38 U.S.C. 5301 exempts these payments and 26 U.S.C. 104(a)(4) excludes them from gross income, so $3,938.58 a month is $47,262.96 a year that never appears on a tax return. It also does not offset Social Security disability or private long-term disability, and many veterans receive both. Workers compensation is a separate state system for civilian workplace injuries and follows its own offset rules, which our workers compensation guide covers.
How long will my claim take, and what does the backlog actually mean?
+
VA publishes a weekly workload report, and the most recent one showed 600,878 claims pending, of which 69,481 had been pending more than 125 days. That 125-day mark is what VA counts as its backlog, so a claim can be pending for months without being backlogged. The practical point is that your effective date, not the queue, decides how much you eventually receive: while you wait, the months accrue behind your filing date and are paid as a lump sum on approval.
References
- [1] Department of Veterans Affairs, Cost of Living Adjustments for Service-Connected Benefits, 91 FR 7386 (Notice, February 17, 2026). Authority is the Veterans' Compensation Cost-of-Living Adjustment Act of 2025, Public Law 119-42; the notice states the adjustments "became effective on December 1, 2025, the date provided by Public Law 119-42," and that SSA "announced that there will be a 2.8% cost-of-living increase in Social Security benefits for 2026. Therefore, applying the same percentage," VA published the 38 U.S.C. 1114 table: 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. Dependent amounts under 1115(1) include $219.59 for a spouse; SMC under 1114(k)-(t) runs from $139.87 to $6,877.12. (opens in new tab)
- [2] U.S. Department of Veterans Affairs, Veterans disability compensation rates: rates effective December 1, 2025. Monthly amounts for a veteran alone match the Federal Register table exactly, including $180.42 at 10 percent, $1,132.90 at 50 percent, $2,102.15 at 80 percent, and $3,938.58 at 100 percent. Additional amounts for dependents begin at the 30 percent level. (opens in new tab)
- [3] U.S. Department of Veterans Affairs, VA disability compensation rates (overview page). States that "We are required by law to match the percentage of cost-of-living adjustments made to Social Security benefits" and directs readers to the Social Security Administration for the current COLA percentage rather than stating one itself. (opens in new tab)
- [4] Social Security Administration, Cost-of-Living Adjustment (COLA) Information. Social Security benefits increase by 2.8 percent for 2026. Unlike veterans' compensation, the Social Security COLA is automatic under section 215(i) of the Social Security Act and requires no annual legislation. (opens in new tab)
- [5] 38 CFR 4.25, Combined ratings table. Explains the whole-person theory in its own words: "a person having a 60 percent disability is considered 40 percent efficient," and a further 30 percent disability leaves "28 percent efficiency altogether. The individual is thus 72 percent disabled." Paragraph (a) requires disabilities be arranged "in the exact order of their severity," combined via Table I, and the result "converted to the nearest number divisible by 10, and combined values ending in 5 will be adjusted upward" — printing the examples 50 and 30 combining to 65 and converting to 70 percent, and 40 and 20 combining to 52 and converting to 50 percent. Paragraph (b) requires conversion "done only once per rating decision" as "the last procedure." Table I is indexed by every integer from 19 to 94 in the left column and by tens across the top; live lookups give 50 and 50 = 75, 30 and 30 = 51, 51 and 30 = 66, 60 and 20 = 68, 68 and 20 = 74, and, for a 10 percent addition, 50 to 55, 60 to 64, 70 to 73, 80 to 82, and 90 to 91. (opens in new tab)
- [6] 38 CFR 4.26, Bilateral factor. Applies when "partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles" at a compensable degree in each of two paired extremities: "10 percent of this value will be added (i.e., not combined)." Order is fixed: "The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out." The regulation prints an example in which ratings of 60, 20, and two bilateral 10s produce 19 for the pair, 21 after the bilateral factor, then 68, then 74, converting to 70 percent. If excluding a disability from the bilateral calculation is more favorable, it may be "removed from the bilateral factor calculation and combined separately." (opens in new tab)
- [7] 38 CFR 4.1, Essentials of evaluative rating. Requires that disability ratings "represent as far as can practicably be determined the average impairment in earning capacity resulting from" a service-connected disability, based on "accurate and fully descriptive medical examinations" that emphasize "the limitation of activity imposed by the disabling condition." (opens in new tab)
- [8] 38 CFR 4.2, Interpretation of examination reports. Instructs claim processors to reconcile the reports into "a consistent picture so that the current rating may accurately reflect the elements of disability present," considered "from the point of view of the veteran working or seeking work." (opens in new tab)
- [9] 38 CFR 4.7, Higher of two evaluations. "Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned." (opens in new tab)
- [10] 38 CFR 4.10, Functional impairment — the text as restored on February 27, 2026 after the interim final rule was rescinded. Bases evaluations on the ability "to function under the ordinary conditions of daily life including employment," imposes on the examiner "the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity," and closes: "it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity." (opens in new tab)
- [11] 38 CFR 4.16, Total disability ratings for compensation based on unemployability of the individual (TDIU). Paragraph (a) requires 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." It defines that "marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person," and may also be found for "employment in a protected environment such as a family business or sheltered workshop." Paragraph (b) directs rating boards to submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans unemployable by reason of service-connected disabilities who fail the percentage standards. (opens in new tab)
- [12] 38 CFR 4.130, Schedule of ratings — mental disorders. Sets the general rating formula for mental disorders and is one of the areas where the rating criteria themselves refer to symptom control, illustrating why the Jones line of cases turns on whether a given diagnostic code mentions medication. (opens in new tab)
- [13] U.S. Department of Veterans Affairs, About VA disability ratings. Explains that VA uses the "whole person theory" so that a combined rating can never exceed 100 percent, and states plainly: "If you had 2 disabilities, each rated at 10% disabling, your combined disability rating is 19%." Also describes the rounding convention: combined values ending in 1 to 4 round down, and those ending in 5 to 9 round up. (opens in new tab)
- [14] 38 U.S.C. 1155, Authority for schedule for rating disabilities. Requires that ratings "shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations," and that "the schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent." It also provides that "in no event shall such a readjustment in the rating schedule cause a veteran's disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran's disability is shown to have occurred." (opens in new tab)
- [15] 38 U.S.C. 1114, Rates of wartime disability compensation. The statutory rate table for disability compensation by percentage, and the source of Special Monthly Compensation at subsections (k) through (t). The dollar amounts currently in force were published at 91 FR 7386 effective December 1, 2025. (opens in new tab)
- [16] 38 U.S.C. 1115, Additional compensation for dependents. Provides additional monthly amounts for a spouse, children, and dependent parents, and by its terms applies only to veterans rated at 30 percent or more. At the 100 percent level the current spouse amount is $219.59, published at 91 FR 7386. (opens in new tab)
- [17] 38 U.S.C. 1110, Basic entitlement (wartime). Establishes compensation "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," excluding disability that is "a result of the veteran's own willful misconduct or abuse of alcohol or drugs." (opens in new tab)
- [18] 38 U.S.C. 5107, Claimant responsibility; benefit of the doubt. Provides that when there is "an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant." (opens in new tab)
- [19] 38 U.S.C. 5110, Effective dates of awards. Provides that unless specifically provided otherwise, the effective date of an award "shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor." (opens in new tab)
- [20] 38 U.S.C. 5301, Nonassignability and exempt status of benefits. Provides that payments of benefits due or to become due under any law administered by VA "shall be exempt from taxation," and shall be exempt from the claim of creditors and from attachment, levy, or seizure, either before or after receipt by the beneficiary. (opens in new tab)
- [21] 38 U.S.C. 5904, Recognition of agents and attorneys generally. The statutory basis for VA accreditation and for the fee restrictions implemented at 38 CFR 14.636, including the rule that a fee may not be charged for services provided before an initial decision on the claim. (opens in new tab)
- [22] 26 U.S.C. 104, Compensation for injuries or sickness. Subsection (a)(4) excludes from gross income "amounts received as a pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in the armed forces of any country," which is the tax-side basis for VA disability compensation being tax-free. (opens in new tab)
- [23] Internal Revenue Service, Publication 525, Taxable and Nontaxable Income. Confirms on the tax-administration side that veterans' disability benefits paid by VA, including disability compensation and pension payments for disabilities, are not included in gross income and are not reported on a federal income tax return. (opens in new tab)
- [24] Department of Veterans Affairs, Evaluative Rating: Impact of Medication, 91 FR 7118 (Interim final rule, February 17, 2026), RIN 2900-AS49. Amended 38 CFR 4.10 to direct that examiners "will not estimate or discount improvements to the disability due to the effects of medication or treatment," effective on publication under a good-cause finding, with comments due April 20, 2026. States the rule was needed because Ingram v. Collins, 38 Vet. App. 130 (2025) "could be applied broadly to over 500 separate diagnostic codes, requiring re-adjudications of over 350,000 currently pending claims." Recounts Jones v. Shinseki, 26 Vet. App. 56 (2012) and McCarroll v. McDonald, 28 Vet. App. 267 (2016) (en banc), noting that "Jones itself did not use the word 'discount' in the rating context." OIRA determined it a major rule under the Congressional Review Act likely to have "an annual effect on the economy of $100 million or more," and a deregulatory action under Executive Order 14192. This rule was rescinded ten days later. (opens in new tab)
- [25] Department of Veterans Affairs, Rescission of Interim Final Rule, Evaluative Rating: Impact of Medication, 91 FR 9712 (Final rule, February 27, 2026), Docket VA-2026-VBA-0067, RIN 2900-AS49. Rescinds the February 17 rule ten days after publication and republishes 38 CFR 4.10 in its prior form. VA states it "recognizes that many commenters construed the interim final rule as something that could result in adverse consequences," and that "This action does not resolve the legal questions now before the courts; it simply restores prior regulatory text to maintain stability." Signed by Secretary Douglas A. Collins on February 24, 2026. A Federal Register API query on July 16, 2026 returned exactly two documents for RIN 2900-AS49 and zero documents affecting 38 CFR Part 4 published after February 27, 2026. (opens in new tab)
- [26] Ingram v. Collins, 38 Vet. App. 130, No. 23-1798 (U.S. Court of Appeals for Veterans Claims, decided March 12, 2025). Holds that for musculoskeletal disabilities rated on limitation of motion under diagnostic codes that do not contemplate medication, the Board errs when it does not discuss and discount the beneficial effects of medication, and that where the record does not disclose the baseline severity without medication, adjudicators must return the claim to obtain it. En banc review was denied on May 20, 2025. (opens in new tab)
- [27] Ingram v. Collins, No. 25-1972 (U.S. Court of Appeals for the Federal Circuit), order dated March 30, 2026, nonprecedential, on appeal from the Court of Appeals for Veterans Claims. VA docketed the appeal on July 29, 2025, obtained extensions of its opening brief deadline, and on March 26, 2026 filed a Joint Stipulation of Voluntary Dismissal for Appellant Douglas A. Collins; the court terminated the case on March 30, 2026 without VA ever filing its opening brief. (opens in new tab)
- [28] 38 CFR 3.303, Principles relating to service connection. Provides that service connection "connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein." (opens in new tab)
- [29] 38 CFR 3.307, Presumptive service connection for chronic, tropical or prisoner-of-war related disease, or disease associated with exposure to certain herbicide agents. Sets the wartime service, manifestation period, and evidentiary conditions under which a listed disease is presumed to have been incurred in service without proof of a nexus. (opens in new tab)
- [30] 38 CFR 3.309, Disease subject to presumptive service connection. Paragraph (a) lists chronic diseases — including arthritis, hypertension, diabetes mellitus, and psychoses — that are presumed service-connected when they become manifest to a compensable degree within the applicable period after separation, commonly one year. Later paragraphs list tropical, prisoner-of-war, radiation-exposure, and herbicide-related diseases. (opens in new tab)
- [31] 38 CFR 3.102, Reasonable doubt. "When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant." Defines reasonable doubt as "one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim," and as "a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility." It "is not a means of reconciling actual conflict or a contradiction in the evidence." (opens in new tab)
- [32] 38 CFR 3.159, Department of Veterans Affairs assistance in developing claims. Defines VA's duty to assist, including reasonable efforts to obtain relevant records — service records, VA medical records, and private records the claimant identifies — and the circumstances in which VA must provide a medical examination or obtain a medical opinion. (opens in new tab)
- [33] U.S. Department of Veterans Affairs, The PACT Act and your VA benefits. Describes the expansion of presumptive conditions and qualifying service locations and dates for veterans exposed to burn pits, Agent Orange, and other toxic hazards, and explains that a presumptive condition removes the need to prove that service caused the condition. (opens in new tab)
- [34] U.S. Department of Veterans Affairs, Hazardous materials exposure and VA disability compensation. Lists the exposure categories VA recognizes — including burn pits and other airborne hazards, Agent Orange, radiation, and contaminated water at Camp Lejeune — and the conditions and service requirements attached to each. (opens in new tab)
- [35] U.S. Department of Veterans Affairs, Illnesses within one year of discharge. Describes the presumption available when a chronic illness listed in 38 CFR 3.309(a) appears to a compensable degree within one year of separation from active service, in which case VA presumes the illness is service-connected without separate proof of a nexus. (opens in new tab)
- [36] U.S. Department of Veterans Affairs, VA disability compensation eligibility. Sets out who may receive compensation: a current illness or injury affecting mind or body, service on active duty, and at least one of a service-caused condition, a preexisting condition aggravated by service, or a disability appearing after service that is connected to it. VA disability compensation is not means-tested and imposes no limit on employment or earnings. (opens in new tab)
- [37] 38 CFR 3.155, How to file a claim. Paragraph (b) governs the intent to file: "If VA receives a complete application form prescribed by the Secretary ... within 1 year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received." An intent to file may be submitted by saving an electronically initiated application in VA's web-based system, by filing the signed and dated prescribed form, or by an oral statement to designated VA personnel that is documented in writing and dated in the claimant's file. (opens in new tab)
- [38] U.S. Department of Veterans Affairs, About VA Form 21-0966, Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC. The prescribed paper form for submitting an intent to file, which preserves the effective date for one year while a complete claim is prepared. (opens in new tab)
- [39] 38 CFR 3.400, General (effective dates). Provides that except as otherwise provided, the effective date of an award "will be the date of receipt of the claim or the date entitlement arose, whichever is later," and sets the specific rules for direct service connection, presumptive service connection, increases, and reopened claims. (opens in new tab)
- [40] U.S. Department of Veterans Affairs, How to file a VA disability claim. Lists the ways to file — online, by mail, in person, by fax, or with the help of a trained professional — identifies VA Form 21-526EZ as the application, and notes that "If you plan to file for disability compensation using a paper form, you may want to submit an intent to file form first." (opens in new tab)
- [41] U.S. Department of Veterans Affairs, VA claim exam (C&P exam). Explains that VA may request a compensation and pension examination to gather evidence for a disability claim, that the examination is for rating purposes rather than treatment, and that the examiner's findings are used by a rater to evaluate the claim. (opens in new tab)
- [42] U.S. Department of Veterans Affairs, Veterans Benefits Administration, Detailed Claims Data (Monday Morning Workload Report). Updated weekly; the report dated July 11, 2026 showed 600,878 pending claims and 69,481 rating-related backlog claims, the backlog being defined as claims pending more than 125 days. (opens in new tab)
- [43] U.S. Department of Veterans Affairs, Veterans Benefits Administration Annual Benefits Report, Fiscal Year 2025, Compensation chapter. Data are for "all individuals receiving benefits on September 30, 2025." Reports 6,338,253 veterans receiving compensation, $174.05 billion in estimated annual payments, and an estimated average of $27,461 per recipient per year. Total service-connected disabilities are 46,496,235, an average of 7.34 per recipient, rising to 9.07 for Gulf War era veterans. By combined degree, 1,847,449 veterans (29.15 percent) are at 100 percent, up from 972,893 in FY2021; the report notes these tables "count Veterans in receipt of individual unemployability benefits by their combined evaluation, rather than as totally disabled, i.e. evaluated as 100%." The most prevalent service-connected disabilities are tinnitus (3,583,295), limitation of flexion of the knee (2,312,985), paralysis of the sciatic nerve (2,026,583), lumbosacral or cervical strain (1,791,869), post-traumatic stress disorder (1,760,497), hearing loss (1,690,837), limitation of motion of the arm (1,385,549), and limitation of motion of the ankle (1,273,110). (opens in new tab)
- [44] U.S. Department of Veterans Affairs, Individual unemployability. Explains that a veteran may receive compensation at the 100 percent rate without a 100 percent schedular rating if service-connected disabilities prevent holding down a steady job that supports the veteran financially, and describes the eligibility standards implemented at 38 CFR 4.16. (opens in new tab)
- [45] 38 CFR 14.636, Payment of fees for representation by agents and attorneys. Paragraph (b) provides that "Recognized organizations (including their accredited representatives when acting as such) ... are not permitted to receive fees." Paragraph (c) permits accredited agents and attorneys to charge fees only after the agency of original jurisdiction has issued notice of an initial decision on the claim. Paragraph (f)(1) presumes reasonable any fee that "do[es] not exceed 20 percent of any past-due benefits awarded," and presumes unreasonable a fee exceeding 33 and one-third percent. Paragraph (h)(1)(i) limits direct payment by VA from past-due benefits to fees that do not exceed 20 percent of the total past-due award. (opens in new tab)
- [46] U.S. Department of Veterans Affairs, Get help filing your VA disability claim. States that "the services an accredited VSO representative provides on your VA benefit claims are always free," and notes that an accredited attorney or claims agent, by contrast, can charge fees for their services. (opens in new tab)
- [47] U.S. Department of Veterans Affairs, Get help from an accredited representative. VA's official accreditation search, used to confirm that a Veterans Service Organization representative, attorney, or claims agent is accredited by VA. Individuals and companies that do not appear here are outside the accreditation system and are not bound by the fee rules of 38 CFR 14.636. (opens in new tab)
- [48] 38 CFR 3.2500, Review of decisions. Paragraph (a)(1) provides that "Within one year from the date on which the agency of original jurisdiction issues a notice of a decision on a claim or issue ... a claimant may elect one of the following administrative review options" — higher-level review under 3.2601 or an appeal to the Board under 20.202. Paragraph (a)(2) allows a supplemental claim to be filed "at any time after VA issues notice of a decision." Paragraph (b) provides that a claimant who has filed under one option "may not, while that review is pending final adjudication, file for review under a different available option." (opens in new tab)
- [49] U.S. Department of Veterans Affairs, VA decision reviews and appeals. Describes the three review options: a Supplemental Claim when "you have new and relevant evidence that we didn't have when we reviewed your case before"; a Higher-Level Review, for which "You can't submit new evidence"; and a Board Appeal, in which a Veterans Law Judge reviews the case. The overview page does not state the filing deadlines, which appear in 38 CFR 3.2500. (opens in new tab)
- [50] U.S. Department of Veterans Affairs, Supplemental Claim. Explains the review option available when a claimant has new and relevant evidence VA did not previously consider, including VA's duty to help gather that evidence, and the relationship between the filing date and the effective date of any resulting award. (opens in new tab)
- [51] U.S. Department of Veterans Affairs, Higher-Level Review. Explains that a more senior reviewer takes a new look at the same evidence of record to determine whether the decision can be changed based on a difference of opinion or an error, and that no new evidence may be submitted with this option. (opens in new tab)
- [52] U.S. Department of Veterans Affairs, Board Appeal (Notice of Disagreement). Explains that a Veterans Law Judge at the Board of Veterans' Appeals reviews the case, and describes the docket options available when appealing to the Board. (opens in new tab)
- [53] 38 CFR 20.202, Notice of Disagreement. Governs the filing of a Notice of Disagreement to appeal an agency of original jurisdiction decision to the Board of Veterans' Appeals, including the required form, the issues that may be identified, and the docket elections available to the appellant. (opens in new tab)
- [54] 38 CFR 3.951, Preservation of disability ratings. Paragraph (a) provides that a readjustment to the rating schedule is not a basis for reducing an evaluation unless medical evidence establishes that the disability actually improved. Paragraph (b) provides that "A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes ... will not be reduced except upon a showing that such rating was based on fraud." (opens in new tab)
- [55] 38 CFR 3.105, Revision of decisions. Paragraph (e) governs reductions in evaluation: where a reduction in a rating would result in a reduction or discontinuance of compensation payments, VA must prepare a rating proposing the reduction, notify the beneficiary of the proposed action and the reasons for it, allow 60 days to present additional evidence, and inform the beneficiary of the right to request a predetermination hearing before the reduction may take effect. (opens in new tab)
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