TDIU: What Is the 70/40 Rule?
CCK Law: Our Vital Role in Veterans Law
Veterans who cannot work because of service-connected disabilities may qualify for Total Disability Based on Individual Unemployability (TDIU) from the Department of Veterans Affairs (VA). TDIU give veterans compensation at the same level of a 100 percent disability rating even though their combined schedular rating does not equal 100 percent.
There are two types of TDIU: schedular and extraschedular. Schedular TDIU requires that a veteran have at least two service-connected conditions with a combined disability rating of 70 percent or higher, with at least one of those conditions rated at 40 percent or higher. This is known informally as the “70/40 rule.”
In this article, we will explain:
- The definition of schedular TDIU
- The official regulation that defines the VA 70/40 rule
- The compensation and benefits for schedular TDIU
- The “VA math” that will be required to calculate the 40 percent portion of the VA 70/40 rule
How Important Is the VA 70/40 Rule?
For veterans who are unable to work due to service-connected disabilities but have not been able to qualify for a 100 percent disability rating, the 70/40 rule for TDIU benefits serves as an accessible pathway they can take to earn maximum disability compensation.
Being compensated at the 100 percent level can be a huge benefit for many veterans. “There is a significant benefit to moving from a 70 percent rating to a 100 percent rating,” says Brandon Paiva, an Accredited Claims Agent at CCK Law. “In 2025, veterans receive over $2,000 more per month when going from a 70 percent combined rating to a 100 percent combined rating.”
Check out the chart below for specifics on the 2025 VA payment rates.
As of 2025, the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $175.51 per month
- 20 percent disability rating: $346.95 per month
- 30 percent disability rating: $537.42 per month
- 40 percent disability rating: $774.16 per month
- 50 percent disability rating: $1,102.04 per month
- 60 percent disability rating: $1,395.93 per month
- 70 percent disability rating: $1,759.19 per month
- 80 percent disability rating: $2,044.89 per month
- 90 percent disability rating: $2,297.96 per month
- 100 percent disability rating: $3,831.30 per month
Schedular TDIU and the VA 70/40 rule provide a safety net for veterans with unusual health situations. The rule can validate their conditions and give them significant and much-needed additional compensation.
What Is Schedular TDIU?
TDIU grants a total disability rating to veterans whose service-connected disabilities make it impossible for them to secure or maintain substantially gainful employment.
Per 38 CFR § 4.16, there are two ways to qualify for TDIU, known as schedular (38 CFR § 4.16(a)) and extraschedular (38 CFR § 4.16(b)). “Schedular” refers to the fact that this route to TDIU has minimum requirements in terms of VA ratings based on the Schedular for Rating Disabilities.
38 CFR § 4.16(a) states (emphasis added):
“Total disability ratings for compensation based on unemployability of the individual.
“(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more.”
Getting to 70 Percent: How to Combine Disability Ratings Using “VA Math”
To qualify for the 70/40 VA rule, a disabled veteran must have multiple conditions that have been assigned disability ratings by VA. One of these conditions must have a rating of at least 40 percent, and when combined, these disability ratings must amount to a total rating of 70 percent or higher.
If combining ratings to reach 70 percent, it is crucial to note that VA does not determine a veteran’s total disability rating by simply summing up individual percentages. Instead, it applies what is known as the “whole person theory” or “VA math.”
The following is an example of how to combine multiple disability ratings to meet the 70 percent requirement of the 70/40 rule:
- Say a veteran has two separate VA disability ratings: their first is a 50 percent rating for post-traumatic stress disorder (PTSD) and their second is a 30 percent rating for sleep apnea.
- Using a VA disability calculator or manual calculation, the veteran determines that their individual ratings of 50 and 30 percent will combine into a total rating of 65 percent.
- Since VA only assigns ratings in multiples of 10, VA will automatically round this to the nearest valid rating. This results in the veteran receiving a combined rating of 70 percent.
- Now that the veteran has received a combined rating of 70 percent, as well as an individual rating of 40 percent or higher (their 50 percent PTSD rating), this veteran now meets eligibility criteria for the VA 70/40 rule and may qualify for TDIU.
What Happens If You Meet the VA 70/40 Rule Requirements?
There are other criteria for TDIU eligibility, such as a limit on the amount of income that you earn. If you meet these criteria in addition to the VA 70/40 rule, and VA is aware of your employment difficulties, then you should technically be granted TDIU automatically. But practically speaking, many veterans seeking such benefits will need to apply.
To apply for TDIU, you should fill out and submit VA Form 21-8940: Veteran’s Application for Increased Compensation Based on Unemployability. After downloading the form from VA’s website or picking up a copy from your Regional Office, be sure to do the following:
- Gather essential information and evidence – This includes your VA file number, medical records, service records, lay statements, and a detailed collection of your work history for the past five years.
- Complete the form – Fill out the form with the necessary info on the nature and severity of your condition, as well as how it has impacted your employability.
- Submit your application – This can be done in person at your Regional Office, through VA’s website, or with the help of an attorney or VA claims agent.
Denied or Overlooked for TDIU? Call Chisholm Chisholm & Kilpatrick
If you are a veteran whose eligibility for TDIU has been overlooked or denied by VA, then the dedicated team at Chisholm Chisholm & Kilpatrick may be able to help you. As the largest veterans law firm in America, we have helped recover over $1 billion in wrongfully denied benefits, and we are prepared to fight for the compensation you deserve.
Call us today at (800) 544-9144 or contact us online for a free case evaluation with a member of our team.
