Veterans with a 70% VA disability rating who believe they qualify for the benefits of a 100% VA disability rating have several options. To increase a 70% VA disability rating, veterans can add additional service-connected conditions, appeal the rating of any of their conditions, or seek total disability based on individual unemployability (TDIU) benefits. Veterans with a 70% rating for a single condition already meet the eligibility requirements for TDIU.
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In this article about increasing a 70% VA disability rating:
How VA ratings work
VA ratings determine what benefits a veteran with service-connected disabilities is eligible to receive. To obtain a rating from the VA, veterans file claims providing information on the severity of their condition and evidence that their disability was caused or aggravated by their military service.
The VA assesses this information and issues a VA rating between 0% and 100% for each condition the veteran claims. Many veterans receive benefits for more than one health condition. In fact, veterans who receive disability benefits have an average of 5.7 service-connected disabilities each.
When a veteran has more than one service-connected condition, the VA will assign each condition a rating. To combine the ratings, the VA uses a unique formula, often referred to as “VA math.” VA math can be hard to follow, but we have a calculator to help. In short, two 70% ratings won’t equal a 140% rating.
What’s the difference in payments between 70% and 100%?
Veterans with a combined 70% rating receive $1,716.28 each month, while veterans with a combined 100% rating receive $3,737.85. In addition, veterans who are married, have dependents or are eligible for special monthly compensation (SMC) can receive even larger monthly checks.
How to increase your VA disability from 70% to 100%
If you believe you qualify for a 100% rating from the VA, it’s worth trying to increase your rating. The difference in monthly payments and additional benefits at 100% is significant even when increasing from 90%.
There are a few different ways that veterans can increase their VA disability ratings. Veterans who believe they qualify for a 100% rating can add additional service-connected conditions, appeal the rating of a condition, or seek individual unemployability benefits.
Adding additional conditions to your service
Veterans average more than five conditions, each eligible for disability benefits. While veterans can, and often do, include multiple conditions in an initial claim, many veterans apply for additional conditions later in the process. Also, as veterans age, their service-connected disabilities can develop into new issues, such as heart disease or arthritis. Veterans can file claims for secondary conditions to increase their combined rating and receive additional benefits.
The downside to using secondary claims to increase a rating from 70% is that getting all the way to 100% is a steep curve. Each additional condition has an increasingly diminished impact on the overall rating. Despite this, receiving a 100% combined rating is still possible. In 2022, 9.48% of veterans with multiple service-connected disabilities had a combined rating of 70%, while 20.44% had a combined rating of 100%.
Appealing your current ratings
Appealing your current ratings is another way to move from a 70% rating to a 100% rating. Veterans who wish to appeal an open claim in the AMA system have three options:
With several different ways to appeal, the process can be confusing. If you decide to appeal, consider getting legal help. A VA-accredited disability attorney can help you choose the best option for your unique situation.
A VA-accredited disability lawyer can also review if any laws that affect your rating have changed since your initial filing. Since the VA occasionally changes how it rates certain conditions, this is always worth checking.
If your disability has become worse since your initial filing, instead of appealing, you can file a claim for increased disability compensation.
70% ratings and TDIU
TDIU is available for those veterans with eligible ratings who cannot maintain substantially gainful employment due to their disabilities.
The VA understands that veterans with disabilities related to their service may not be able to work enough to earn a living but, due to the rating criteria, may not be able to get a 100% rating.
TDIU is their answer to that situation. TDIU, while different from a 100% rating, pays at the same rate. Because veterans’ conditions may result in frequent absences, overly physically taxing jobs, or other limitations due to physical and mental conditions, TDIU is available to provide the same compensation as that 100% rating.
70%: an important number for receiving TDIU
Veterans with a 70% rating who struggle to find or keep a job due to their mental or physical service-connected disabilities can choose to apply for TDIU benefits from the VA instead of attempting to increase their rating from 70% to 100%.
“It’s often more effective to pursue TDIU benefits rather than try to stack multiple 10% rated conditions up the steep mountain to 100%,” said VA disability lawyer Zack Evans. “Plus, veterans already rated at 70% are eligible to apply for TDIU without needing to bump their ratings any higher.”
To receive TDIU, veterans must have either one service-connected disability rated at least 60% OR two or more service-connected disabilities with at least one disability rated at 40% or more with a combined rating of 70% or more.
“TDIU is such a big deal because you’re paid out the same as a 100% disability rating. So, for example, if all your conditions add up to 70% and you’re at at least 40% for mental health, but you can’t seem to bump that combined rating any higher, proving that you’re unemployable due to your service-connected conditions can help you jump the gap and get to the same payment as a 100% rating,” said Evans.
“They did good by me. I am sick, and the VA was stalling. They got me 100% permanent and total.”
R.W.
How our VA disability lawyers can help
With multiple ways to increase your rating from 70% to 100%, it can take time to determine the best approach for your situation. Contact the team at Woods and Woods for help. We’ve helped thousands of U.S. veterans around the world receive the benefits they deserve, particularly those who cannot work due to their service-connected conditions.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
Veterans with a 70% rating receive $1,716.28 each month, while veterans with a 100% rating receive significantly more at $3,737.85. In addition, veterans who are married, have dependents, or are eligible for special monthly compensation (SMC) can receive even larger monthly checks.
Veterans who believe they qualify for a 100% rating can increase their rating by adding additional service-connected conditions, appealing the rating of a condition, or seeking individual unemployability benefits.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.