What Is the VA 70/40 Rule for TDIU Benefits?
Your veterans disability benefits are predicated on your disability rating and Total Disability Based on Individual Unemployability (TDIU) is a designation that reflects a disability that prevents you from working and provides the same monetary benefits as a 100% disability rating — even if a veteran’s combined rating does not equal 100%. The U.S. Department of Veterans Affairs (VA) has instituted a 70/40 Rule for veterans with multiple service-connected disabilities that will make them eligible for TDIU benefits. Veterans who struggle with multiple disabilities and would benefit from TDIU may want to know — what is the VA 70/40 Rule for TDIU benefits? VA Benefits Attorneys is here to help.
Who Is Eligible for TDIU Benefits with the 70/40 Rule?
This rule makes it easier for veterans who cannot keep a stable job due to their service-connected disabilities to receive the compensation for 100% disability — despite not being 100% disabled. In general — veterans can qualify for TDIU benefits if they have a service-connected disability rated at over 60% OR by meeting the criteria of the 70/40 Rule with multiple disabilities.
What Are the Eligibility Requirements for the 70/40 Rule?
To qualify for TDIU benefits under the 70/40 rule, veterans must meet specific criteria related to their service-connected disabilities. It’s important to remember that ALL three of these requirements must be met in order for a veteran to be eligible for TDIU benefits under the current rule.
- The veteran must have more than one service-connected physical or mental disability.
- A minimum of ONE of the veteran’s service-connected disabilities must be rated at 40% or higher.
- The combined disability rating of the veteran’s disabilities must be higher than 70%.
For example — the veteran has been diagnosed with service-connected PTSD and chronic back pain. The PTSD carries a disability rating of 50% and the back pain carries a disability rating of 40%. Together these disabilities prevent the veteran from working. The veteran has multiple service-connected disabilities, the PTSD disability rating surpasses the 40% minimum mark, and the total rating is 70% based on the combined ratings chart. This veteran could expect to be eligible for TDIU benefits.
The Department of Veterans Affairs has established a VA Combined Disability Ratings Chart that will help determine your combined disability rating and eligibility for TDIU benefits under the 70/40 rule. This table will make it much simpler for veterans pursuing TDIU benefits to establish their combined rating.
READ MORE: Are TDIU and IU the Same Thing for Veterans?
Are you a veteran who struggles with multiple service-connected disabilities? Have you struggled to keep a job? You may be eligible for TDIU benefits and you may be asking — what is the VA 70/40 Rule for TDIU benefits? We have got the answers you need right here at VA Benefits Attorneys.
