TDIU: What Is the 70/40 Rule?

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 gives veterans benefits similar to a 100 percent disability rating even though their combined schedular rating does not equal 100 percent.

However, schedular TDIU does have its own rating requirements. In pursuing schedular TDIU, one term that veterans will come across is VA’s “70/40 rule.” Read on to learn about how this rule can qualify a veteran to receive benefits.

Understanding the 70/40 Rule

To be eligible for schedular TDIU benefits, a veteran must have either:

• a single service-connected condition with a rating of at least 60 percent; or
• (the 70/40 rule) at least two service-connected conditions with a combined rating of at least 70 percent, with at least one of the conditions rated 40 percent or higher.

The 70/40 rule is an acknowledgment that a combination of less-serious disabilities can interfere with a veteran’s ability to keep a job just as much as a single severe disability.

Why Does the 70/40 Rule Matter?

The 70/40 rule is one of the most accessible paths to maximum benefits for veterans who do not have a total disability rating. There is a significant difference in compensation between 70 percent and 100 percent. As of December 1, 2023, the current disability rates are as follows:

As of December 1st, 2023 the VA disability rate benefit amounts are as follows:

• 0 percent disability rating: $0.00 per month
• 10 percent disability rating: $171.23 per month
• 20 percent disability rating: $338.49 per month
• 30 percent disability rating: $524.31 per month
• 40 percent disability rating: $755.28 per month
• 50 percent disability rating: $1,075.16 per month
• 60 percent disability rating: $1,361.88 per month
• 70 percent disability rating: $1,716.28 per month
• 80 percent disability rating: $1,995.01 per month
• 90 percent disability rating: $2,241.91 per month
• 100 percent disability rating: $3,737.85 per month

For a veteran struggling with a combination of conditions that are preventing them from keeping a job, the 70/40 rule can validate their situation and give them significant and much-needed additional compensation.

Denied TDIU? Call Chisholm Chisholm & Kilpatrick

If you are a veteran who has been denied TDIU benefits by VA, then the dedicated team at Chisholm Chisholm & Kilpatrick may be able to help you. As the largest veterans law firm in America, with over 300 years of collective experience, we are uniquely prepared to fight for the benefits you deserve. Call us today at (800) 544-9144 for a free case evaluation with a member of our team.