The 70-40 rule plays a part in controlling a veteran’s eligibility for Total Disability based on Individual Unemployability (TDIU).
According to the rule, veterans only qualify for these benefits if they have a combined disability rating of at least 70% and a minimum of one service–related disability that has a minimum of a 40% rating.
A Veterans Affairs Disability benefits claims lawyer can provide more information about the 70-40 rule and answer any questions you have about your eligibility for TDIU benefits.
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What’s the VA Disability 70-40 Rule?
The VA 70-40 rule for Disability serves as a guideline for eligibility for TDIU. According to this rule, veterans have to have a specific combination of disability ratings at certain levels to qualify for TDIU.
The 70-40 rule basically states that you can qualify for TDIU if you have at least a single service-related disability with a 40% or higher rating and a combined disability rating of at least 70%.
Can You Qualify for TDIU Benefits in Other Ways?
You may qualify for Total Disability based on Individual Unemployability (TDIU) benefits even if you do not meet the requirements under the 70-40 rule.
The Department of Veterans Affairs (VA) also allows you to apply for benefits if you have a single disability that rates at least 60%.
You do not have to secure a 100% disability rating to qualify for TDIU benefits.
For a free legal consultation, call (800) 562-9830
What Are Total Disability Based on Individual Unemployability (TDIU) Benefits?
TDIU benefits provide qualifying veterans with monthly compensation that they can use to cover living expenses, including the costs of:
- Food
- Utilities
- Housing
- Transportation
Veterans who qualify for TDIU benefits receive the same amount of compensation as veterans with a 100% disability rating that stops them from maintaining a stable job, even if they have a combined disability rating that is below 100%.
Additionally, veterans who qualify for TDIU benefits may also become eligible for other VA benefits. For example, TDIU eligibility may allow you to get:
VA Healthcare
The VA provides free healthcare to qualifying veterans. You may receive free medical treatments for your service-connected conditions. In some cases, the VA provides free care for non-service-connected health issues.
Adaptive and Housing Grants
You may qualify for a grant to improve the accessibility of your home if you qualify for TDIU benefits and face mobility issues.
Education Assistance for Your Dependents
Your children and spouse could qualify for benefits through certain educational programs if you qualify for TDIU benefits. For example, they may benefit from the VA’s Dependents’ Educational Assistance (DEA) program.
You can learn more about what TDIU is, how to qualify, and benefits with a legal professional.
How Do You Apply for Benefits Under the 70-40 Rule?
You will need to submit specific forms to the VA to request TDIU benefits under the 70-40 rule. Typically, you need to complete and submit VA Form 21-8940 and VA Form 21-4192. An attorney can help you find and properly complete these forms.
You will also need to provide evidence to support your claim. You may need to get copies of official medical documentation to confirm your diagnosis. For example, the VA may expect the results of tests like MRIs and CT scans or official reports from a doctor. Personal statements about the severity of your symptoms will not represent enough evidence.
You also need proof that your disability will stop you from maintaining a steady job. Your attorney can provide more information about how to gather the evidence you need to create a strong claim.
What if the VA Denies Your TDIU Application?
If the VA denies your initial application for TDIU benefits, you can get ready to dispute the decision with a Veterans Disability appeals lawyer. An attorney can review the reason for the denial and explain the steps you need to take to appeal the decision.
The VA may deny an application for many reasons. Some of the more common causes for a denial include:
- Incomplete forms
- Incorrectly filled out forms
- Lack of sufficient evidence
Sometimes, your lawyer can resolve a denial simply by helping you resubmit forms with the correct information. In other situations, an attorney may need to file a special form to allow for the admittance of additional evidence to support your benefits request.
You do not have to go through the appeals process alone. An attorney can get to work on your VA Disability denial immediately.
Talk to Us About the 70-40 Rule for VA Disability
So, what is the 70-40 rule for VA disability? This rule states that you can apply for TDIU benefits as long as your combined disability rating is 70% or higher and you have at least one service-related disability with a 40% or higher rating.
You may also have to meet other eligibility standards to get TDIU benefits. Our team at Marc Whitehead & Associates can review your situation and help you get the benefits you deserve, even after a denial.
Our law firm has over 120 years of combined experience that we can use to help with your benefits claim. Find out more by reaching out to us today.