Understanding the 70-40 VA rule for VA disability can help you determine if you qualify for TDIU. Under this rule, you are eligible for TDIU if you have a combined VA disability rating of 70% or higher and at least one condition rated at 40% or more. We explain why the 70-40 VA rule matters and how it can help you get the compensation you deserve.
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The VA recognizes that some health conditions can prevent you from working enough to support yourself or your family. Physical limitations, mental health struggles, or side effects from your service-connected conditions can make it hard to hold a steady full-time job. If you have multiple service-connected conditions that make it difficult to maintain a job, you will want to learn more about the 70-40 VA rule.
In this article about the 70-40 rule for VA disability:
What is TDIU?
TDIU, which stands for total disability based on individual unemployability, is a tax-free monthly benefit that ensures veterans who can’t work can still support themselves and their families.
Veterans eligible for TDIU receive VA disability compensation at the 100% level without their condition being rated 100% disabling.
To qualify for schedular TDIU, you must have:
- At least one service-connected disability rated at least 60% OR
- A combined rating of two or more service-connected disabilities at 70% or more, including at least one disability rated at 40% or more.
The second bullet point in the list above is known as the 70-40 rule, which we will explain in more depth below.
TDIU benefits
Even if your disability rating doesn’t equal or add up to a combined rating of 100%, TDIU pays the same monthly amount as a 100% rating. That means veterans approved for TDIU can receive at least $3,831.30 per month, with increases for dependent children or parents.
The biggest difference between simply having a 100% VA rating and receiving TDIU benefits is the rules around working. Veterans with a 100% combined rating can still work if they are able. With TDIU, you cannot have what the VA calls “substantially gainful employment,” or work that pays a livable wage comparable to that of non-disabled workers in similar roles.
However, veterans receiving TDIU can still work certain odd or part-time jobs if the work is considered marginal employment or within a sheltered work environment under VA rules. Marginal employment is when a working veteran’s income is below the federal poverty line or when the veteran can only work less than half the usual hours of the job.
What is the 70-40 rule for VA disability?
The 70-40 rule refers to the requirements veterans must meet when filing for TDIU based on multiple service-connected conditions.
To meet the 70-40 rule, you need to have:
- a combined VA disability rating of 70% or higher, AND
- at least one condition rated at 40% or more on its own.
If you meet these criteria, you may qualify for TDIU and receive compensation at the 100% disability rate, even though your combined rating may be just 70%.
As VA disability lawyer Zack Evans explains, “You don’t have to have a bunch of severe ratings to get to a 100% level of compensation. You can have one rating at 60%, or you can meet the 70-40 rule with a combined rating of 70% and an underlying condition of at least 40%.”
The importance of 40% VA ratings
Although it may not sound all that high on its own, a single 40% rating can be the key to qualifying for TDIU when your overall combined rating reaches 70% or higher.
For example, a veteran might have a 40% rating for fibromyalgia. They might have additional ratings of 30% for PTSD and 30% for migraines. Together, using VA math, these conditions could push the veteran’s combined rating to 70%, making them eligible under the 70-40 rule.
To see if your combined VA rating for your service-connected conditions adds up to 70%, check out our VA rating calculator.
Several common service-connected conditions can be rated at 40%, including:
- Arthritis can warrant a 40% rating if it severely limits the veteran’s movement.
- Fibromyalgia can be rated at 40% if it causes widespread pain.
- Hypertension (high blood pressure) is rated at 40% when diastolic pressure is predominantly 120 or more.
In some cases, a condition rated at 40% may even be a secondary condition, which is one that is caused or aggravated by a service-connected disability. For example, hypertension could develop due to service-connected diabetes, or liver disease could be linked to long-term medication use for another condition.
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How Woods & Woods can help
Our team of VA-accredited attorneys, legal analysts, case managers, and intake specialists help veterans nationwide get the benefits they deserve. If you’re tired of appealing one VA decision after another, call us today for a free case evaluation.
Talk to Us About Your Claim:
(812) 426-7200
Frequently asked questions
Under the 70-40 rule, veterans can qualify for TDIU if they have a combined VA disability rating of 70% or higher and at least one condition rated at 40% or more.
TDIU pays the same monthly amount as a 100% disability rating. The base rate is $3,831.30 per month, with additional compensation for dependent children or parents.
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
