Sometimes veterans have multiple conditions or disabilities that prevent them from working, but the VA doesn’t rate them high enough for total disability. For those veterans in this situation, the VA offers a combined disability rating as an option when applying for benefits, known as the 70-40 Rule. By combining the ratings of two or more disabilities, a veteran may be eligible to receive a higher rating and additional benefits. This helps to compensate veterans for the impact on their functional ability and their inability to have gainful employment.
What Is the 70-40 rule for VA disability?
Many veterans leave the military with more than one condition that leads to an eventual disability. For instance, someone who suffered an injury and an illness that developed during their service may not be rated high enough for disability. The 70-40 rule helps a veteran to request a rating based on two or more conditions. The 70-40 rule combines multiple ratings for an overall rating.
To qualify, a veteran must have:
- One condition that is rated 70% or higher, or a combination of conditions, with a total rating of at least 70%
- One additional secondary condition separate from the original 70% rated 40% or higher
In some cases, a veteran may qualify with a single disability rating of 60%. The higher the rating, the higher the benefits as well as access to other benefits such as VA healthcare. However, multiple combined ratings will not exceed 100%. The rating is determined by the VA’s formula that calculates the total impact on the veteran and their ability to function.
The 70-40 Rule is also a prerequisite for Total Disability based on Individual Unemployability, or TDIU, but is not a guarantee of award or a determining factor. You must have one condition rated at 60% and another rated at least 40%.
What the VA Disability Combined Rating Does
If you’re wondering what the 70-40 rule for VA disability does, it’s a system for calculating a veteran’s total rating. The VA doesn’t simply add up numbers but has a mathematical formula to determine how much a veteran is disabled. The VA subtracts the percentage rating from 100%, which gives a percentage of disability. From the remaining amount of ability, the VA subtracts the next percentage from the remainder of ability. Additional disabilities and percentages are subtracted from the veteran’s ability to function and added to the disabilities.
Once calculated, the VA has a percentage for all disabilities and issues the rating, rounded up or down to the nearest tenth. That is, if your rating comes to 81%, it will be rounded down to 80%. If your rating is 88%, it will be rounded up to 90%. The difference in ratings can mean additional benefits later.
Do you believe you’ve been under-rated, or the VA isn’t taking your disability seriously? A veterans disability attorney can help with applying for benefits, appeal a decline, and help with changing your VA disability combined rating.
Let Herren Law Help With Your VA Disability Claim
Seeking veterans’ disability benefits is a difficult process that requires patience as well as understanding the law. William Herren is a disability attorney who has helped over 4,000 Houstonians get the benefits they deserve, including veterans. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You don’t owe a fee until we win your case.
