What Is The VA Disability 70/40 Rule?
Being disabled is rough. Getting disability benefits is even tougher. There are so many rules involved. You would think that being a veteran would make the process easier, but this is rarely the case.
There is the VA Disability 70/40 Rule, which can be helpful to disabled veterans. It refers to a concept from the Department of Veterans Affairs (VA) disability benefits. It is when a veteran qualifies for Total Disability Individual Unemployability (TDIU) based on their disability ratings and employment status, which is equivalent to a 100% disability rating in terms of compensation. It specifically pertains to the combination of service-connected disability ratings and the VA’s consideration of the veteran’s ability to maintain substantially gainful employment.
The VA uses a percentage-based rating system to determine how severe a veteran’s disabilities are. The 70/40 rule is a specific combination of these ratings, in which a veteran must have one or more disabilities rated at 70% as well as additional disabilities rated at 40%.
For veterans who meet the 70/40 rule, this can mean access to a higher level of financial support and other benefits. Qualifying for the VA 70/40 rule involves having service-connected disabilities rated by the VA in a specific combination.
The VA assigns a percentage rating to each disability, ranging from 0% to 100%, based on severity. For instance, a veteran might receive a 70% rating for post-traumatic stress disorder (PTSD) and a 40% rating for a spinal injury sustained during service.
However, calculating a disability is not an easy approach. The VA uses a “whole person” approach, calculating a rating that fully accounts for the total impact on the veteran’s ability to function. The formula can be confusing, as it takes into consideration a veteran’s remaining capacity to function after each disability is applied. For instance, a veteran with 70% PTSD and 40% for a physical disability might not end up with a 110% rating, but rather a combined rating closer to 80%.
By qualifying under the 70/40, a veteran can significantly improve their quality of life with increased disability compensation and other resources. Below are some of the main benefits:
- Eligibility for TDIU. This provides compensation at the 100% disability rate, even if a veteran’s combined rating is less than 100%.
- Healthcare benefits. Veterans can also gain access to comprehensive healthcare services through the VA, including specialized care for service-related conditions.
- Vocational rehabilitation. This provides veterans with assistance in gaining skills for employment that accommodates their disabilities.
- Housing grants. Programs like the Specially Adapted Housing (SAH) Grant help veterans make their homes accessible.
Learn More About Veterans Benefits
Veterans are entitled to a wide variety of benefits, but there are rules and guidelines that need to be followed, especially when it comes to disability benefits.
Have you become seriously injured or disabled while being a veteran? If so, seek legal help from a White Plains veterans disability benefits lawyer from The Law Office of Michael Lawrence Varon. We can help ensure you get the benefits you are entitled to receive. Call 914-294-2145 or fill out the online form to schedule a consultation.
Source:
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