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RICH Home Loans LLC

Do I Have to Pay the VA Funding Fee If I'm Disabled?

No — if you are receiving (or are eligible to receive) VA service-connected disability compensation, you are exempt from the VA funding fee under 38 USC § 3729(c). Purple Heart recipients on active duty were added to the exemption list by Public Law 116-23 (2019). Surviving spouses receiving Dependency and Indemnity Compensation (DIC) are also exempt. The exemption is not automatic in the loan file — your lender pulls it from your Certificate of Eligibility (COE), so getting the COE right matters. If you paid the fee before your disability rating was granted, there is a documented refund path through the VA.

The handbook view (what the rules actually say)

The VA funding fee is a one-time fee paid to the VA to keep the loan-guaranty program self-funding. Most veterans pay it; certain categories are exempt by statute:

The plain-English translation

What this means at a kitchen-table level:

Lender overlays — where the rules get tighter

The exemption itself is statutory — no lender can charge a funding fee to a confirmed exempt veteran. The friction is operational, not regulatory:

Why some loan officers don't flag the exemption preemptively

The funding fee gets disclosed on the Loan Estimate as a line item the borrower is paying. The exemption requires the loan officer to ask the right question early — "Are you receiving service-connected disability compensation?" or "Is there a pending VA disability claim?" — and then to verify it against the COE. That conversation doesn't always happen on the first call, and the veteran can end up signing a Loan Estimate that includes a several-thousand-dollar fee they don't actually owe.

What that looks like in practice:

  • The intake form has a single "veteran status" checkbox with no follow-up about disability rating; the LO never asks.
  • The COE shows "Non-Exempt" from a prior pull, the rating has since been granted, and nobody pulls a fresh COE before disclosure.
  • The veteran assumes the LO knows the rules and doesn't volunteer the disability detail; the file closes with a financed funding fee that should have been zero.

How to test it: at intake, tell the LO your disability rating (or pending claim status) explicitly, and ask them to confirm in writing what your COE shows for funding-fee exemption status. If your COE is stale, ask them to refresh it before you sign the Loan Estimate.

Exemption categories at a glance

CategoryExempt?Documentation
Receiving VA service-connected disability comp (any rating %)YesCOE shows "Exempt"
Entitled to comp but waived for retired/active-duty payYesCOE shows "Exempt"; statute 38 USC § 3729(c)(1)
Active-duty Purple Heart recipientYes (since 2019)DD-214 or service records documenting the award
Surviving spouse receiving DICYesSurviving-spouse COE; DIC entitlement verified
Rating pending at time of close, granted later with retro effective dateRefund pathPay at close; apply to VA Regional Loan Center for refund
Veteran with no service-connected disability claimNoFunding fee charged per VA fee schedule

The table is a rule of thumb, not a quote. The exact funding-fee percentage at closing depends on first-time vs. subsequent use, down payment, and loan type; the exemption determination depends on your COE on the day the file is locked. Always verify your COE status directly with your lender before signing disclosures.

Which lenders we actually use for this scenario

Honestly, the lender matters less for the exemption itself than it does for handling the documentation and timing cleanly. The exemption is set by your VA Certificate of Eligibility (COE) — the document the VA issues showing your entitlement, branch of service, and the funding-fee status box. If your COE says “exempt,” every lender on the planet has to honor it. There is no overlay on this.

Where lender quality shows up is in two places. First, the COE pull and review at the start of the file — a good shop catches an exempt status the borrower didn't even know they had (this happens constantly with the “but-for” retirees) and a sloppy shop charges the fee, closes the loan, and leaves the veteran to chase a refund later. Second, when the rating is pending — you've filed your disability claim, the VA hasn't ruled yet, and you're trying to close before the rating comes back. That's the trickiest scenario and it's where I want a lender that knows the refund process cold.

I work with several wholesale lenders that handle the rating-pending scenario well. The borrower pays the funding fee at closing, the loan funds, and when the disability rating is later granted with an effective date on or before the closing date, the lender processes a refund through VA Form 26-8923. The veteran gets the fee back, typically applied to the loan principal or refunded directly. The shops that handle this badly let the file age out, the refund window gets messy, and the veteran has to chase it themselves. Worth picking a lender that's done this before.

Real-world cases

I've seen this pattern more times than I can count. A typical case: National Guard or active-duty member separating, has filed a disability claim for back/knee/hearing/PTSD/whatever, claim is sitting at the VA waiting for the C&P exam (Compensation and Pension exam, where the VA medically evaluates the claim). They're house-shopping in parallel. We close the purchase, they pay the funding fee, then six months later the rating comes back at 30% or 40% service-connected with an effective date that retroactively predates the closing. We file the 26-8923, the VA refunds the fee, the borrower applies it to principal. Clean.

Another pattern: the “but-for” retiree who didn't know. A typical case is the 22-year retiree drawing military retirement pay, who has a service-connected rating but waived the disability comp because the retirement check is bigger and they didn't want the offset. The COE comes back marked exempt anyway — under § 3729(c) the “entitled to receive but-for” language covers them. I've had veterans nearly close at retail shops where the LO charged the fee because they only looked at whether the veteran was currently receiving comp. That's wrong. The COE controls.

The surviving-spouse case is rarer but worth flagging. A spouse who is receiving Dependency and Indemnity Compensation (DIC) — survivors of veterans who died in service or from service-connected causes — is exempt from the funding fee on their own VA loan, which they may be eligible for under the surviving-spouse entitlement. Same documentation path: COE shows exempt, no fee charged.

The Purple Heart exemption is the newest. Public Law 116-23, signed in 2019, added active-duty Purple Heart recipients to the exemption list. If you received the Purple Heart and you're still on active duty at the time of closing, you're exempt regardless of whether you have a disability rating. The COE should reflect it, but I've seen cases where the COE is stale and we have to push the VA to update it before closing. Don't pay a fee you don't owe because of a paperwork lag.

How the big retail lenders typically handle this

Directionally, the big retail shops do fine on the obvious exemption cases — borrower already rated, COE clearly says exempt, no fee charged. That's the easy lane and the call-center systems handle it.

Where retail gets shaky is the rating-pending scenario and the “but-for” retiree case. I've had veterans come to me after closing at a retail shop, having paid the funding fee, who didn't know they were entitled to a refund — and the original lender never told them. The refund is the veteran's responsibility to pursue if the lender doesn't do it automatically, and a lot of retail LOs don't bring it up because they're already on the next file.

If you're closing while a disability claim is pending, ask whichever lender you use this question directly: “If my rating comes back with an effective date before closing, what's your process for filing the 26-8923 refund?” If the answer is vague, that's a flag. The lender should know the form number, the timeline, and have done it before. In the broker channel I can pick that lender. At retail you get the one shop you walked into.

Related

If you're rated — confirm before you sign

The funding-fee exemption is statutory; what trips veterans up is operational. A 15-minute call before you sign your Loan Estimate is the cheapest way to make sure your COE reflects your actual exemption status — and to know the refund path if it doesn't.