What Is the 70-40 Rule for VA Disability?

Veterans with service-connected disabling medical conditions can receive financial benefits from the VA based on the severity of the veteran’s condition, as expressed by a disability rating. However, the VA allows veterans to access a higher tier of benefits if they meet specific criteria under the 70-40 Rule.

Understanding VA Disability Ratings

VA disability ratings determine what benefits disabled veterans may receive from the Department of Veterans Affairs. Veterans with qualifying disabling medical conditions can receive monthly payments based on their VA disability ratings. The VA also offers additional benefits to veterans whose disability ratings meet specific thresholds, including healthcare through the VA and financial assistance programs. 

Each qualifying medical condition receives a separate disability rating. Veterans with two or more service-connected medical conditions will receive a combined disability rating. However, because veterans cannot have a total disability rating of more than 100 percent, determining a veteran’s combined disability rating involves more than simply adding the ratings for each condition. Instead, the VA uses a matrix that provides a combined disability rating for two specific ratings. When a veteran has three or more conditions, the VA will determine the combined rating for the veteran’s two most severe conditions, then determine the next combined rating by imputing the initial combined rating and the veteran’s next most severe condition, and repeating that process for all the veteran’s conditions to determine the final combined rating.  

What Is the 70-40 Rule?

The 70-40 Rule governs when veterans with service-connected medical conditions can qualify for Total Disability based on Individual Unemployability (TDIU). Under this rule, a veteran can qualify for TDIU if:

• They have two or more service-connected conditions,
• At least one of the veteran’s conditions has a disability rating of 40 percent or more, and
• The veteran has a final combined disability rating of 70 percent or more

How the 70-40 Rule Affects VA Benefits

Veterans who meet the 70-40 Rule may qualify for TDIU benefits from the VA. TDIU benefits provide veterans with disability compensation and benefits at the same rate provided to veterans with 100 percent disability ratings. Although a veteran who qualifies for TDIU under the 70-40 rule will keep their sub-100 percent disability rating, their monthly VA disability benefits will change to the rate provided to veterans with 100 percent disability ratings. Furthermore, veterans who qualify for TDIU may access other VA benefits afforded to veterans with 100 percent disability ratings, such as healthcare from the VA and access to financial assistance programs that help veterans afford housing, dental care, clothing, and adaptive equipment for their disabilities. 

Applying for TDIU Under the 70-40 Rule

A veteran who applies for TDIU benefits under the 70-40 Rule must meet both the disability rating and unemployability requirements. A veteran will qualify for TDIU benefits only if they cannot hold down a steady job that constitutes substantial gainful employment due to the veteran’s service-connected disability. Thus, a veteran applying for TDIU under the 70-40 Rule must meet the disability rating thresholds and demonstrate they cannot maintain steady employment that pays more than the poverty level due to at least one of their service-connected disabilities. Evidence that veterans may need to qualify for TDIU under the 70-40 Rule include:

• Medical records of the veteran’s condition(s) and treatment/rehabilitation
• The veteran’s employment history
• Written statements from the veteran’s treating providers instructing them to avoid various job tasks due to their medical condition
• Vocational assessments that confirm the veteran’s inability to perform basic work tasks, like sitting, standing, lifting, walking, or remembering

Contact a VA Disability Benefits Attorney Today

When you experience significant disabilities or impairments due to service-related medical conditions, you may qualify for TDIU benefits under the 70-40 Rule. Contact Veterans Benefits Law Group today for a free, no-obligation consultation with our knowledgeable legal team to discuss your rights and options.