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Regulation · 38 CFR § 3.31

38 CFR 3.31: When VA disability payments begin

§ 3.31 Commencement of the period of payment.

Claim Raven explanation

What this means

The effective date of an award and the beginning of payable benefits are different concepts. This rule generally starts the payable period on the first day of the month after the month the award became effective, subject to its exceptions.

That is a rule about the period for which money is payable, not a promise about the day a deposit will arrive. The benefit type and any exception should be checked before comparing an award with a payment.

How this helps your claim

This helps explain an apparent gap between an effective date and the first payable month. Read the award's dates carefully rather than assuming the same date controls every part of the payment process.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Find the effective date stated for each part of the award.
  • Identify the beginning of the payable period in the award letter.
  • Check whether a listed exception or another adjustment applies.

Keep three different dates separate

The effective date, the start of the payable period and the date money reaches an account can be different. An award letter may correctly show one date for entitlement and another for payment. That difference should be explained using the applicable payment rule.

For a practical check, mark the effective date on a calendar and identify the following month's first day, then read the exceptions and award explanation. Do not use the date a deposit arrived to work backward and assume that it must be the effective date VA assigned.

Does this rule tell me when my first deposit will arrive?

No. It addresses the period for which benefits are payable. Processing and payment delivery are separate matters. If the concern is an award's start date, compare the effective-date and payment-period findings first, rather than treating delivery timing as proof that either finding is wrong.

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Official regulatory text

38 CFR § 3.31

eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 3.31 Commencement of the period of payment.

Regardless of VA regulations concerning effective dates of awards, and except as provided in paragraph (c) of this section, payment of monetary benefits based on original, supplemental, or increased awards of compensation, pension, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C. chapter 18 for an individual who is a child of a Vietnam veteran or a child of a veteran with covered service in Korea may not be made for any period prior to the first day of the calendar month following the month in which the award became effective. However, beneficiaries will be deemed to be in receipt of monetary benefits during the period between the effective date of the award and the date payment commences for the purpose of all laws administered by the Department of Veterans Affairs except that nothing in this section will be construed as preventing the receipt of retired or retirement pay prior to the effective date of waiver of such pay in accordance with 38 U.S.C. 5305.

(a) Increased award defined. For the purposes of this section the term increased award means an award which is increased because of an added dependent, increase in disability or disability rating, or reduction in income. The term also includes elections of improved pension under section 306 of Pub. L. 95-588 and awards pursuant to paragraphs 29 and 30 of the Schedule for Rating Disabilities except as provided in paragraph (c) of this section.

(b) General rule of applicability. The provisions of this section apply to all original, supplemental, or increased awards unless such awards provide only for continuity of entitlement with no increase in rate of payment.

(c) Specific exclusions. The provisions of this section do not apply to the following types of awards.

(1) Surviving spouse's rate for the month of a veteran's death (for exception see § 3.20(b))

(2) In cases where military retired or retirement pay is greater than the amount of compensation payable, compensation will be paid as of the effective date of waiver of such pay. However, in cases where the amount of compensation payable is greater than military retired or retirement pay, payment of the available difference for any period prior to the effective date of total waiver of such pay is subject to the general provisions of this section.

(3) Adjustments of awards—such as in the case of apportionments or the termination of any withholding, reduction, or suspension by reason of:

(i) Recoupment,

(ii) An offset to collect indebtedness,

(iii) Institutionalization (hospitalization),

(iv) Incompetency,

(v) Incarceration,

(vi) An estate that exceeds the limitation for certain hospitalized incompetent veterans, or

(vii) Discontinuance of apportionments.

(4) Increases resulting solely from the enactment of legislation—such as

(i) Cost-of-living increases in compensation or dependency and indemnity compensation,

(ii) Increases in Improved Pension, parents' dependency and indemnity compensation, or a monetary allowance under 38 U.S.C. chapter 18 pursuant to § 3.27, or

(iii) Changes in the criteria for statutory award designations.

(5) Temporary total ratings pursuant to paragraph 29 of the Schedule for Rating Disabilities when the entire period of hospitalization or treatment, including any period of post-hospitalization convalescence, commences and terminates within the same calendar month. In such cases the period of payment shall commence on the first day of the month in which the hospitalization or treatment began.

(Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 5111)

[48 FR 34472, July 29, 1983; 48 FR 37031, Aug. 16, 1983, as amended at 49 FR 47003, Nov. 30, 1984; 65 FR 35282, June 2, 2000; 67 FR 49586, July 31, 2002; 76 FR 4247, Jan. 25, 2011; 84 FR 166, Jan. 18, 2019; 91 FR 905, Jan. 9, 2026]

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