Yes. You can get a VA loan within 12 months of separation from active duty if you otherwise qualify. Federal VA rules ask your lender for one extra item that shows your income will hold up after you leave.
At Nellis AFB the biggest change is your BAH (basic allowance for housing, the monthly military housing pay). In 2026 an E-7 with dependents gets $2,268 a month, and it stops when you separate.
The rule gives you four ways to show your income will last. This guide walks through each one. It also covers the swap from BAH to retired pay and a timing trap with the funding fee (a one-time VA charge on most VA loans).
Every figure below was read in its source on September 17, 2026. Sources are listed at the bottom.
Key takeaways
- You can still buy. Leaving within 12 months does not end your VA home loan benefit.
- The rule adds one item. Your lender needs proof you are staying in, a local job offer, a plan to reenlist your commander backs, or very strong finances.
- BAH stops at separation. At Nellis in 2026, an E-7 with dependents gets $2,268 a month.
- Retired pay counts. VA rules say a lender cannot discount income just because it is a pension.
- Watch the claim window. A disability claim filed 180 to 90 days before you leave can waive the funding fee. The rating has to arrive before closing.
- The fee is real money. On a $450,000 VA loan, the 2.15 percent first-use fee is $9,675.
- The rule: 38 CFR 36.4340(f)(2)(ii).
- Who it covers: active duty, Guard and Reserve within 12 months of release.
- Ways to meet it: 4. You need one.
- 2026 BAH, E-7 with dependents, Nellis: $2,268 a month.
- Retired pay at 20 years, legacy plan: 50% of your High-36.
- Disability claim window before you leave: 180 to 90 days.
- Funding fee at 2.15% on a $450,000 loan: $9,675.
Can you get a VA loan within 12 months of separation?
Yes, a VA loan within 12 months of separation is open to a service member who qualifies. The lender also has to document one of four things listed in federal VA rules.
The rule sits in 38 CFR 36.4340. That is the part of federal law that sets VA's underwriting standards (the tests a lender uses to approve a VA loan). Here is how the rule opens.
For servicemembers within 12 months of release from active duty, or members of the Reserves or National Guard within 12 months of release, one of the following is also required:
38 CFR 36.4340(f)(2)(ii), Electronic Code of Federal Regulations, read September 17, 2026: https://www.ecfr.gov/current/title-38/chapter-I/part-36/subpart-B/section-36.4340
Notice the word "also." Your lender still checks your credit, your debts and your Leave and Earnings Statement. That is your monthly military pay stub. The rule adds one more item on top.
The clock runs from your planned closing date. If you will still be serving more than 12 months after closing, this rule does not apply to you.
It is not only for active duty. Guard and Reserve members within 12 months of release face the same test. Our Nevada VA loan prep guide covers the rest of the file a lender builds.
What are the four ways to meet the 12-month rule?
The VA loan 12-month rule can be met four ways. You can show you already reenlisted, show a local job offer, show a plan to reenlist your commander backs, or show very strong finances.
You only need one. The table puts each path in plain words, with the paper that proves it.
| Path | What the rule asks for | The paper that proves it | Who it tends to fit |
|---|---|---|---|
| A | You already reenlisted or extended past 12 months after closing | Your reenlistment or extension papers | Airmen staying in |
| B | A valid offer of a local civilian job | An offer that shows the start date and pay | People leaving with a job lined up |
| C | You plan to reenlist, and your commander says you are eligible | Your statement plus your commanding officer's statement | Airmen whose paperwork is still moving |
| D | Other very strong strengths | A large down payment, big cash savings, or strong local ties plus a civilian spouse's high income | Households that do not need the military pay |
Path B has a detail people miss. The job has to be local, and the rule asks for the start date and the pay. An offer without those facts is missing what the rule wants.
Path C needs two statements, not one. Yours says you plan to stay in past the 12 months. Your commanding officer's says you are eligible and gives no reason to expect a denial.
Retiring, not reenlisting?Retired pay is not one of the four paths by name. It still counts as income under another part of the same rule, covered below. Ask your lender early which path it will use for your file.
What happens to your BAH when you leave the military?
Las Vegas BAH at Nellis AFB stops when you separate from active duty. In 2026 that is $2,268 a month for an E-7 with dependents.
BAH is set by your pay grade, whether you have dependents, and your duty station. The Defense Travel Management Office puts Nellis in housing area NV212. Every grade is listed in our 2026 BAH guide for the Las Vegas bases.
While you serve, BAH can count as income on a VA loan. Under 38 CFR 36.4340(f)(6), the lender may ask for your commander's written okay to live off base. That paper is DD Form 1747.
Once you separate, the BAH line is gone. So inside the 12-month window, a lender plans for the income you will have after that date. Today's pay stub is only half the story.
Here is what that swap can look like for a family of four retiring from Nellis after 20 years. It is illustrative only and not a quote, offer, or commitment to lend.
| Income line | On active duty | After retiring |
|---|---|---|
| BAH, E-7 with dependents | $2,268 | $0 |
| Basic pay | On your pay stub | Ends |
| Retired pay, 20 years, legacy plan | $0 | $3,000 |
| VA pay, 50% rating, spouse and 2 children | Not rated yet | $1,376.90 |
| Local job offer | $0 | $4,500 |
| Income you can show after you leave | $8,876.90 |
If your spouse also serves, both allowances can end at once. See dual military VA loans in Las Vegas for how that file is built.
Does military retired pay count as income for a VA loan?
Yes, a VA loan counts military retired pay as income. The VA rule says a lender cannot discount income just because it comes from a pension.
There can be no discounting of income solely because it is derived from an annuity, pension or other retirement benefit, or from part-time employment.
38 CFR 36.4340(f)(3), Electronic Code of Federal Regulations, read September 17, 2026: https://www.ecfr.gov/current/title-38/chapter-I/part-36/subpart-B/section-36.4340
So how big is the check? Under the legacy retirement plan, federal law pays 2.5 percent for each year of service. At 20 years that is 50 percent, under 10 U.S.C. 1409.
The percent applies to your High-36. That is the average of your highest 36 months of basic pay. Say your High-36 is $6,000 a month. Your retired pay would be $3,000 a month before taxes and deductions.
The Blended Retirement System uses 2 percent a year instead. The same 20 years and the same $6,000 would pay $2,400 a month.
Two tax facts help a Las Vegas buyer here. Retired pay based on years of service is taxable, per IRS Publication 525. And Nevada has no state income tax at all.
The Nevada Constitution bars a tax on "the wages or personal income of natural persons." That matters for VA's residual income test, which is the cash left each month after taxes, the home and your debts. The test takes out state tax where a state charges one. In Nevada that line is zero.
Our Nevada residual income guide runs the whole test step by step.
How does VA disability pay change the numbers?
For a VA loan, VA disability pay counts as income, and it is not taxed. In 2026, a 50 percent rating with a spouse and two children under 18 pays $1,376.90 a month.
That is $1,322.90 for a veteran with a spouse and one child, plus $54 for the second child. The rates took effect December 1, 2025. IRS Publication 525 lists VA disability pay as not taxable.
One more rule decides whether a retiree gets both checks. Under 10 U.S.C. 1414, a retiree rated 50 percent or higher is paid both in full. Below 50 percent, VA pay generally replaces an equal amount of retired pay under 38 U.S.C. 5305, so the total does not grow.
So count what will really land in your account. Bring your retired pay estimate and your VA award letter to your lender.
Here is how the numbers from the table play out. It is illustrative only and not a quote, offer, or commitment to lend.
- Retired pay of $3,000, plus VA pay of $1,376.90, plus a $4,500 job offer, is $8,876.90 a month.
- VA's DTI guideline (debt-to-income, your monthly debts divided by your monthly income) is 41 percent.
- 41 percent of $8,876.90 is $3,639.53. That is the guideline for all monthly debts, the new home included.
- Without the job offer, income is $4,376.90. Then 41 percent is $1,794.53.
- For a family of four in Nevada, VA's residual income guideline is $1,117 a month.
- A retiree who keeps using Nellis base facilities can see that guideline cut by at least 5 percent. That makes it $1,061.15 or less.
The 41 percent figure is a guideline, not a hard cap. A lender can go above it with a written reason. The extra review is skipped when residual income beats the guideline by at least 20 percent.
Should you close before or after your disability rating?
If you expect a VA disability rating, closing after an early rating arrives can waive the VA funding fee. Close first, and a rating that comes later will not waive the fee by itself. A refund can still follow if VA later sets your compensation effective date (the date VA backdates your compensation to) before your closing.
VA waives the fee for a service member who has a proposed or memorandum rating before closing. That is VA's early decision on a disability claim filed before you leave. Here is the other half of the rule, in VA's words.
If you get a proposed or memorandum rating after your loan closing date, you’ll still need to pay the funding fee. You won’t be eligible for a refund based on this rating.
U.S. Department of Veterans Affairs, VA funding fee and closing costs, read September 17, 2026: https://www.va.gov/housing-assistance/home-loans/funding-fee-and-closing-costs/
Now look at the calendar. VA's Benefits Delivery at Discharge program, or BDD, lets you file that claim "between 180 to 90 days before you leave the military." Before that window opens, a BDD claim cannot be filed.
So if you close eight months before your separation date, the window is still closed. A BDD rating cannot arrive before that closing.
The dollars make the choice real. VA's top first-use purchase fee is 2.15 percent. On a $450,000 VA loan, that is $9,675. It is illustrative only and not a quote, offer, or commitment to lend.
VA lets you finance the fee into the loan, so it need not be cash at closing. It still adds to what you owe. Every rate is in our 2026 VA funding fee chart for Nevada.
There is one more route. If VA later awards pay that starts before your closing date, a refund may be possible. Read how a VA funding fee refund works before you count on it.
Line up your closing date with your separation date
Get a timeline review built around your separation date, current as of September 17, 2026. A local Nevada mortgage lender can look at your dates, your income after you leave, and the funding fee question. No obligation, and all loans are subject to approval.
Plan my VA timelineCheck your own 12-month timeline
Enter your own VA loan dates and income below. The checker shows whether the VA 12-month rule applies, which path fits, and what the funding fee timing looks like.
Does the 12-month rule apply to you?
Nothing is submitted and nothing is stored. The math runs in your browser. Illustrative only and not a quote, offer, or commitment to lend.
The 12-month rule applies. Your plan fits path B. Bring an offer that shows the start date and pay. Your BAH of $2,268 a month stops at separation. On $8,876.90 of income after you leave, VA's 41 percent guideline suggests about $3,639.53 in total monthly debts. At 8 months out, the 180 to 90 day claim window is not open yet at closing. The 2.15 percent fee on $450,000 is $9,675 unless you are exempt. This assumes a first VA loan with less than 5 percent down. The rate is lower with more money down. It is 3.3 percent if you have used a VA loan before, as our 2026 VA funding fee chart for Nevada sets out. Illustrative only and not a quote, offer, or commitment to lend.
Method: the rule test and the four paths come from 38 CFR 36.4340(f)(2)(ii). The 41 percent guideline is 38 CFR 36.4340(d). The claim window is from VA.gov's pre-discharge claim page. Months stand in for days here, so count the exact days on a calendar. The default BAH is the 2026 E-7 with dependents rate for Nellis. The default income and loan amount are the example in this article. The tool describes VA program rules only. It does not describe any lender's approval rules.
Can you use your VA loan after you leave the military?
Yes. You can use your VA loan after you leave the military. VA lists Veterans as eligible, not just people still serving, and only the paperwork changes.
While you serve, you prove eligibility with a statement of service. Your commander, adjutant or personnel officer signs it. It shows items like your entry date and any lost time.
After you leave, VA asks for your DD214 instead. That is your discharge paper. Either one gets you a COE (Certificate of Eligibility, the VA letter that proves you qualify).
Your entitlement is the dollar amount VA backs on your loan. It comes from your service, so leaving does not use it up. Our Las Vegas VA entitlement guide shows how much you have. And how many times you can use a VA loan covers buying again later.
Waiting until you are out has its own trade. The 12-month rule no longer applies. But your BAH is already gone, and a new job has little history behind it.
The VA rule asks for a 2-year work history when a job is under 2 years old. That history can include earlier jobs, school or training.
When should a Nellis airman start the home loan?
A Nellis AFB airman should start the VA loan talk when transition counseling starts. For a retirement, federal law starts that counseling as early as 24 months before your date. For most other separations, it starts no later than 365 days out.
That rule is 10 U.S.C. 1142. It lines up well with the VA 12-month rule. The chart shows how the dates stack up.
- 24 months out, if retiring. Preseparation counseling can begin.
- 12 months out. For most separations, counseling should have started by now. A closing from here on falls under the VA 12-month rule.
- 180 to 90 days out. The BDD disability claim window is open.
- Separation date. Basic pay and BAH stop. Retirees move to retired pay.
On base, the Defense Department's MilitaryINSTALLATIONS directory lists the Nellis Military and Family Readiness Center. It is at 4311 N. Washington Blvd, Suite 102, Building 312. The phone is 702-652-3327.
Where you will live next matters too. A VA loan is for a home you plan to live in. If you are leaving Las Vegas after you separate, read what happens when you keep a Nellis home and move on. If you are moving on new military orders instead, our guide to buying on Nellis moving orders covers timing.
Closing also needs homeowners insurance in place. Our sister agency's guide to insurance before closing lists what to line up.
The decision rule
For a VA loan within a year of leaving Nellis AFB, set the closing date by working down this list in order.
- Count the months. If you will still be serving more than 12 months after closing, the rule does not apply.
- Pick your path. Staying in: path A or C. Job lined up: path B. Neither: path D, or wait.
- Budget without BAH. Build it on retired pay, VA pay and job pay.
- Check the fee. If you expect a rating, compare closing after an early rating with paying 2.15 percent now.
- Buy where you will live. A VA loan is for your own home, so buy here only if you are staying.
The bottom line
Your VA home loan benefit does not end when you leave the military within 12 months. The rule adds one item from one of four paths in 38 CFR 36.4340.
The money changes more than the rules do. Your $2,268 BAH stops. Retired pay and VA pay start. And an early disability rating before closing can save a $9,675 fee on a $450,000 loan. These figures are illustrative only and not a quote, offer, or commitment to lend.
Start the loan talk when you start transition counseling. Then pick the closing date on purpose. Our guide to VA home loans in Las Vegas covers the rest of the local process. For the wider picture, see what a VA purchase looks like from start to finish in Las Vegas on the main Valley West site.
Article history
- September 17, 2026, first published. Every rule was read that day. The sources were 38 CFR 36.4340, 10 U.S.C. 1142, 1409 and 1414, 38 U.S.C. 5305, and the Nevada Constitution. They also include IRS Publication 525 and VA.gov pages on funding fees, pre-discharge claims, eligibility, COE requests and 2026 pay rates.
- September 17, 2026, one figure carried, and said so. The $2,268 BAH figure comes from the Defense Travel Management Office 2026 rate query. It was read on September 16, 2026, and not re-queried the next day.
- September 17, 2026, a chart instead of a photo. Our article standard calls for a small photo in the body. No unused photo fit this topic, and the image tool was not used today. This page ships with a timeline chart instead.
Frequently asked questions
Can I get a VA loan if my ETS is within 12 months?
Yes. A VA loan is possible when your ETS, the end of your term of service, is within 12 months. Under 38 CFR 36.4340, the lender also needs one of four items.
Those are proof you already reenlisted or extended, a local job offer with the start date and pay, your plan to reenlist backed by your commanding officer, or very strong finances. You only need one.
Does BAH count as income if I am separating soon?
BAH counts while you serve, but it stops at separation. In 2026 an E-7 with dependents at Nellis AFB gets $2,268 a month.
Inside the 12-month window, a lender plans around the income you will have after you leave.
Can I use military retirement pay to qualify for a VA loan?
Yes. 38 CFR 36.4340 says a lender cannot discount income just because it comes from a pension. Under the legacy plan, retired pay is 2.5 percent of your High-36 for each year served, or 50 percent at 20 years.
Retired pay is taxable, and Nevada has no state income tax.
Will a disability rating waive my VA funding fee before I retire?
It can. VA waives the fee for a service member with a proposed or memorandum rating before the loan closing date. If that rating instead arrives after closing, VA says you still owe the fee and get no refund based on that rating. A separate route exists: if VA later awards compensation with an effective date (the date VA backdates your compensation to) made retroactive to before your closing date, a refund of the fee may be possible.
Pre-discharge claims can be filed 180 to 90 days before you leave.
Do I need a job offer to get a VA loan when leaving the military?
Not always. A local job offer is one of four ways to meet the 12-month rule. The others are proof you reenlisted, a plan to reenlist your commander backs, or very strong finances like a large down payment or big savings.
Retired pay and VA disability pay also count as income.
Can I still use my VA loan after I leave the military?
Yes. VA lists Veterans as eligible, and leaving does not use up your entitlement. After you separate, you request your COE with your DD214 instead of a statement of service.
The 12-month rule no longer applies once you are out.
Who helps with transition planning at Nellis AFB?
The Defense Department's MilitaryINSTALLATIONS directory lists the Nellis Military and Family Readiness Center at 4311 N. Washington Blvd, Suite 102, Building 312. The phone is 702-652-3327.
Federal law starts preseparation counseling no later than 365 days before most separations, and as early as 24 months before a retirement.
Plan the purchase around your last day in uniform.
Talk to a local Nevada mortgage lender about your separation date. A short conversation covers which path fits, your income after you leave, and the funding fee timing. No pressure, and no obligation.
Start my VA loanAbout this review
Sources
- Electronic Code of Federal Regulations, 38 CFR 36.4340, underwriting standards. Source of the 12-month rule at (f)(2)(ii), the quarters allowance rule at (f)(6), the retirement income quote at (f)(3), the 41 percent guideline at (d), the residual income table and military adjustment at (e), and the tax deductions at (f)(13). Read September 17, 2026.
- U.S. Department of Veterans Affairs, VA funding fee and closing costs. Source of the exemption for a proposed or memorandum rating, the quoted after-closing rule, the refund rule, financing the fee, and the 2.15 percent rate. Read September 17, 2026.
- U.S. Department of Veterans Affairs, Pre-discharge claim. Source of the quoted 180 to 90 day BDD window. Read September 17, 2026.
- U.S. Department of Veterans Affairs, Veterans disability compensation rates. Source of the $1,322.90 and $54.00 figures, effective December 1, 2025. Read September 17, 2026.
- U.S. Department of Veterans Affairs, Eligibility for VA home loan programs. Source of eligibility for service members and Veterans. Read September 17, 2026.
- U.S. Department of Veterans Affairs, How to request a VA home loan COE. Source of the statement of service and DD214 rules. Read September 17, 2026.
- Office of the Law Revision Counsel, 10 U.S.C. 1409. Source of the 2.5 percent and 2 percent retired pay multipliers. Read September 17, 2026.
- Office of the Law Revision Counsel, 10 U.S.C. 1414. Source of paying both retired pay and VA pay at a 50 percent rating or higher. Read September 17, 2026.
- Office of the Law Revision Counsel, 38 U.S.C. 5305. Source of the retired pay waiver. Read September 17, 2026.
- Office of the Law Revision Counsel, 10 U.S.C. 1142. Source of the 24 month and 365 day counseling dates. Read September 17, 2026.
- Internal Revenue Service, Publication 525, Taxable and Nontaxable Income. Source of the tax treatment of retired pay and VA disability pay. Read September 17, 2026.
- Nevada Legislature, Constitution of the State of Nevada, Article 10, Section 1. Source of the quoted ban on a personal income tax. Read September 17, 2026.
- Defense Travel Management Office, BAH Rate Lookup. Source of the 2026 NV212 rate of $2,268 for an E-7 with dependents. Queried September 16, 2026.
- Military OneSource, MilitaryINSTALLATIONS, Nellis AFB Military and Family Support Center. Source of the Nellis center address and phone. Read September 17, 2026.
Keep exploring
BAH
2026 BAH for the Las Vegas bases
Every pay grade, with and without dependents.
Entitlement
How VA entitlement works in Las Vegas
How much VA backs on your loan, and why it follows you out.
Funding fee
2026 VA funding fee chart for Nevada
Every rate, and who pays nothing at all.
Income
VA residual income in Nevada
The cash test that runs next to the 41 percent guideline.
Two in uniform
Dual military VA loans in Las Vegas
When both spouses serve and one of you is leaving.
Next step
Plan my VA timeline
Match your closing date to your separation date.

