VA 70/40 Rule Exposed – Veterans who live with service-connected disabilities often struggle to achieve the financial support they deserve. Fortunately, the VA 70/40 Rule offers a pathway for many to qualify for Total Disability based on Individual Unemployability (TDIU), even without a 100% disability rating. In this guide, we’ll break down exactly how veterans can fast-track full disability payments through this rule — in a way that’s simple, practical, and powerful.
If you’re a veteran (or helping one), understanding the 70/40 rule could be life-changing. Let’s dive deep.
VA 70/40 Rule Exposed
| Topic | Details |
|---|---|
| What is VA 70/40 Rule? | Veterans with two or more service-connected disabilities: one at 40%+, total combined at 70%+ |
| TDIU Benefit | Receive payments at the 100% disability rate without needing a 100% schedular rating |
| Current 100% Disability Payment (2025) | $3,831.30 per month |
| Application Forms | VA Form 21-8940 (TDIU Application), VA Form 21-4192 (Employment Verification) |
| Where to Apply | VA Official Site |
| Key Tip | Strong medical and employment evidence is crucial to approval |
The VA 70/40 Rule offers a powerful, often overlooked path for veterans to achieve financial stability through full disability payments without requiring a 100% schedular rating. By understanding the eligibility requirements, carefully preparing strong evidence, and following the right steps, you can successfully fast-track your claim.
What Is the VA 70/40 Rule?
The VA 70/40 rule is part of the eligibility criteria for veterans applying for TDIU. It allows those with multiple service-connected disabilities to be treated “as if” they are 100% disabled — financially — even if their combined disability rating is less than 100%.
Eligibility under the 70/40 Rule means:
- You have two or more service-connected disabilities
- One disability must be rated 40% or higher
- Combined rating must be 70% or higher overall
Alternatively, if you have a single disability rated at 60% or higher, you can also qualify for TDIU without meeting the 70/40 combination.
This rule recognizes that multiple smaller disabilities can add up to create a significant barrier to maintaining employment — and veterans should be compensated accordingly.
Why the 70/40 Rule Matters: Real-Life Impact?
Imagine two veterans:
- Veteran A: 70% rating ($1,759.19 per month)
- Veteran B: 100% rating ($3,831.30 per month)
If Veteran A qualifies for TDIU under the 70/40 rule, they can jump from $1,759.19 to $3,831.30 monthly — nearly double their original benefit.
This can be life-changing for those struggling with bills, medical costs, family care, or simply maintaining a stable home.
Step-by-Step: How Veterans Can Fast-Track Full Disability Payments?
Step 1: Understand If You Qualify
You must have:
- Two service-connected disabilities (40%+ one, total 70%+), or
- One service-connected disability at 60%+
You must be unable to engage in substantially gainful employment (meaning work that earns above the poverty threshold, about $15,060/year in 2025).
Step 2: Gather Essential Documents
- VA medical records (showing severity of conditions)
- Private doctor statements (if available)
- Work history (including reasons for termination, sick leaves)
- Social Security Disability records (if receiving SSDI)
Step 3: File the Right Forms
- VA Form 21-8940: Application for Increased Compensation Based on Unemployability
- VA Form 21-4192: Request for Employment Information in Connection with Claim for Disability Benefits
You can file these:
- Online at VA.gov
- By mail to your local VA regional office
- In-person with the help of a Veteran Service Organization (VSO)
Step 4: Strengthen Your Claim
- Ask your doctors to complete a Residual Functional Capacity (RFC) assessment describing your work limitations
- Keep a personal statement describing your daily limitations — real-life examples have strong impacts
- If applicable, obtain letters from past employers verifying work difficulties caused by your disabilities
- Use buddy statements from family, friends, or colleagues who can attest to your daily struggles
Step 5: Follow Up Consistently
The VA can take months to decide. Set calendar reminders every 30 days to:
- Check claim status
- Submit any new evidence
- Respond immediately to any VA inquiries
Following up professionally and respectfully can also help push your claim forward.
Common Pitfalls to Avoid
- Incomplete forms: Missing answers or skipping sections will delay your claim
- Weak medical evidence: Vague doctor notes like “might be disabled” aren’t helpful
- Missing employment history: The VA wants proof you can’t keep substantial employment
- Not filing an Intent to File: Filing an Intent early locks in your claim date and preserves months of back pay
- Ignoring mental health impacts: Always include PTSD, anxiety, or depression if they affect your employability
FAQs About VA 70/40 Rule Exposed
Q1. Can I work part-time and still qualify for TDIU?
Yes, but only if your earnings are below the poverty threshold or if your job qualifies as a “protected work environment” (e.g., special accommodations).
Q2. How long does it take to get TDIU approved?
Typically 6 to 12 months, but it varies depending on the evidence provided and your VA regional office’s backlog.
Q3. What happens if my disabilities worsen after I get TDIU?
If your disabilities worsen, you might qualify for a permanent and total disability designation, protecting your benefits from future reviews.
Q4. Can TDIU be taken away?
Yes, if the VA finds you’re working above gainful levels or your disabilities improve significantly. However, after 20 years of TDIU, it becomes almost impossible for the VA to revoke it.
Q5. What is “Marginal Employment” in VA terms?
Marginal employment is when your job earnings are below the poverty threshold or in a protected environment. Such employment won’t count against your TDIU eligibility.
