Military personnel who are injured or contract an illness during service receive some important benefits from the VA (Veterans Affairs). These benefits are intended to help them maintain a stable livelihood. One of the most important benefits is TDIU (Total Disability based on Individual Unemployability), which is designed for soldiers who are not able to work due to physical or mental problems related to their service.
TDIU allows soldiers to receive 100% disability allowance even if their official VA disability percentage is not 100%. However, there are several conditions for TDIU eligibility, the most important of which is the VA 70/40 rule. This rule determines whether a soldier is eligible for TDIU or not. In this article, we will understand the VA 70/40 rule and how a soldier can use it to get full disability assistance.
What is the VA 70/40 rule and why is it important?
The VA 70/40 rule serves as a guideline to make soldiers eligible for TDIU. This rule ensures that a soldier receives full payment of disability allowance if they have multiple disabilities and are not able to work. If a soldier has a total disability percentage of 70% and at least one of those disabilities is 40% or more, he can be eligible for TDIU.
What are the conditions of the 70/40 rule?
- Multiple Disabilities: The soldier must have multiple service-related disabilities (i.e., not a single disability).
- At least one disability is 40% or greater: The Soldier must have a disability that is assigned a disability rating of 40% or greater.
- A total disability of 70% or greater: The Soldier’s total disability percentage must be 70% or greater, based on a calculation provided by the VA.
How does VA calculate disability ratings?
If a Soldier has multiple disabilities, the VA does not add them together directly. The VA follows a specific calculation method for disability ratings that works based on how much each disability affects functionality. For example, if a Soldier has the following disabilities:
| Disability | VA Rating |
|---|---|
| Hearing Loss | 10% |
| Neuralgia (Sciatica) | 20% |
| Persistent Depressive Disorder | 30% |
| Lumbrosacral Strain | 40% |
Here the VA calculates that the total disability percentage is 69%, which rounds to 70%. Since the lumbrosacral strain is rated at 40%, this soldier may be eligible for TDIU under the 70/40 rule.
What is TDIU (Total Disability based on Individual Unemployability)?
TDIU is a special VA benefit that provides 100% disability allowance to soldiers who cannot hold employment due to their service-connected disabilities. TDIU is not an automatic benefit, meaning the soldier has to prove that they cannot work.
The soldier has to prove this with supporting medical records, employment history, and other documentation that shows their disabilities prevent them from earning a steady income.
How to become eligible for TDIU:
There are two main paths to becoming eligible for TDIU:
- Single disability path: If a soldier has one disability that is rated 60% or higher, they may be eligible for TDIU.
- 70/40 rule path: If a soldier has a total disability of 70% or higher, and at least one of those disabilities is rated 40% or higher, they may be eligible for TDIU.
How to prove work incapacity for TDIU?
Just being eligible according to the 70/40 rule does not guarantee approval for TDIU. Soldiers must also prove that their disabilities prevent them from being employed. The VA considers several factors:
- Medical evidence: Medical evidence to prove how severe the disabilities are.
- Employment history: Proof of lost work due to the disabilities.
- Social Security disability benefits: Information about these, if applicable.
- Statements from medical professionals and vocational experts.
How to apply for TDIU?
To apply for TDIU, soldiers must fill out VA Form 21-8940 (Application for Increased Compensation Based on Unemployability) and attach all supporting documentation. This application can increase a soldier’s chances of receiving TDIU.
What to do if your TDIU claim is denied?
If a soldier’s TDIU claim is denied, there are still several options through which they can appeal:
- Higher-Level Review: In this process, an experienced claims adjudicator reviews the case again.
- Supplemental Claim: Soldiers can add new medical evidence or employment records.
- Appeal with the Board of Veterans’ Appeals: In this process, a Veterans Law Judge reviews the case.
VA Disability Payment Rates for 2025:
VA disability payment rates are increased annually to help veterans keep up with the cost of living. Disability payment rates for 2025 are as follows:
| Disability Rating | Monthly Payment (2025) |
|---|---|
| 10% | $175.51 |
| 20% | $346.95 |
| 30% | $537.42 |
| 40% | $774.16 |
| 50% | $1,102.04 |
| 60% | $1,395.93 |
| 70% | $1,759.19 |
| 80% | $2,044.89 |
| 90% | $2,297.96 |
| 100% (including TDIU) | $3,831.30 |
Soldiers who receive TDIU benefits receive full payment under a 100% disability rate, even if their actual rating is not 100%.
Final Words:
VA’s 70/40 rule and TDIU payments are important assistance that soldiers receive when they face difficulties in working due to their disabilities. If you also want to apply for TDIU, then you have to submit the right proof and documents about your disabilities and employment status. Through this, you can make your life a little easier and get proper benefits from the VA.
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