The VA 70/40 Rule For a 100% Disability Rating

Chisholm Chisholm & Kilpatrick LTD

21 Mar 202402:57

Summary

TLDRThis video discusses the VA's 70/40 rule for Total Disability based on Individual Unemployability (TDIU) claims. Veterans with at least one service-connected condition rated at 40% or higher and a combined rating of 70% or more may qualify for TDIU. Transitioning from a 70% to a 100% rating can increase monthly benefits by $2,000. Even if the 70/40 criteria aren't met, veterans with a single disability rated at 60% or higher could still be eligible through extra-schedular TDIU. The video encourages viewers to seek a free evaluation if their TDIU claim was denied and to subscribe for more VA disability updates.

Takeaways

😀 TDIU stands for Total Disability based on Individual Unemployability, a claim for veterans unable to maintain gainful employment due to service-connected disabilities.
💼 TDIU is for veterans whose combined disability rating may not reach 100% but are still unable to work.
🔍 There are two ways to qualify for TDIU: scheduler and extra-scheduler, with the 70/40 rule being a part of the scheduler method.
🔑 Under the 70/40 rule, veterans may qualify for TDIU if they have at least two service-connected conditions, with one at 40% or higher and a combined rating of 70% or higher.
💰 A significant financial benefit exists for veterans moving from a 70% to a 100% combined rating, receiving approximately $2,000 more per month.
🔄 Even if a veteran does not meet the 70/40 criteria, they could still be eligible for TDIU through extra-schedular conditions.
📚 Extra-schedular TDIU considers other circumstances where the standard disability rating schedule may not reflect the severity of a veteran's service-connected conditions.
🆘 TDIU is crucial for supporting veterans who cannot work due to their service, but the claims process can be challenging.
📞 If a TDIU claim is denied, veterans have the right to appeal and may consider seeking a free evaluation from organizations like CCK.
📺 For more information on TDIU and how to qualify, viewers are encouraged to watch additional videos and subscribe to channels for the latest VA disability news.

Q & A

What is TDIU?
-TDIU stands for Total Disability based on Individual Unemployability. It is a VA benefit for veterans who are unable to secure and maintain gainful employment due to their service-connected disabilities.
What are the two ways to qualify for TDIU?
-The two ways to qualify for TDIU are through the scheduler rule and extra-scheduler rule.
What is the 70/40 rule?
-The 70/40 rule is a part of the scheduler rule where a veteran may qualify for TDIU if they have at least two or more service-connected conditions with at least one of those conditions rated at 40% or higher and a combined disability rating of 70% or higher.
What is the benefit of moving from a 70% rating to a 100% rating for veterans?
-Veterans receive about $2,000 more per month when going from a 70% combined rating to a 100% combined rating.
Can a veteran qualify for TDIU even if they do not meet the 70/40 criteria?
-Yes, a veteran can still be eligible for TDIU if they have a single disability rated at 60% or higher or through extra-schedular TDIU.
What is extra-schedular TDIU?
-Extra-schedular TDIU provides circumstances under which veterans can argue that the disability rating schedule does not adequately reflect the severity of their service-connected conditions.
What happens if a veteran's TDIU claim is denied?
-If a veteran's TDIU claim is denied, they have the right to appeal.
What is the significance of the 70/40 rule for veterans?
-The 70/40 rule is significant as it is a tool for veterans whose disabilities are having a bigger impact on their lives than just their rating may suggest.
How can veterans get a free evaluation of their TDIU case?
-Veterans can consider giving CCK a call for a free evaluation of their case.
Where can veterans find more information on TDIU and how to qualify for this benefit?
-Veterans can find more information on TDIU and how to qualify for this benefit by checking out other videos on the channel and subscribing for the latest VA disability news.

Outlines

00:00

📚 Understanding the VA's 70/40 Rule for TDIU

This paragraph introduces the concept of the VA's 70/40 rule in relation to TDIU claims. TDIU stands for Total Disability based on Individual Unemployability, which is a benefit for veterans who are unable to secure and maintain employment due to their service-connected disabilities. The 70/40 rule allows veterans to qualify for TDIU if they have at least two service-connected conditions, with one rated at 40% or higher, and a combined disability rating of 70% or more. The paragraph also highlights the financial benefit of moving from a 70% to a 100% rating, which results in an additional $2,000 per month. It concludes by mentioning that even if a veteran does not meet the 70/40 criteria, they might still be eligible for TDIU through extra-schedular conditions or a single disability rated at 60% or higher.

Mindmap

Keywords

💡TDIU

TDIU stands for Total Disability based on Individual Unemployability. It is a benefit for veterans who are unable to secure and maintain gainful employment due to their service-connected disabilities. In the video, TDIU is the central theme, as it discusses how veterans can qualify for this benefit even if their combined disability rating does not reach 100%.

💡70/40 rule

The 70/40 rule is a specific criterion under TDIU that allows veterans to qualify if they have at least two service-connected conditions, with one rated at 40% or higher, and a combined disability rating of 70% or higher. The video explains that this rule is significant for veterans whose disabilities have a substantial impact on their ability to work, despite not reaching a 100% disability rating.

💡Service-connected disabilities

Service-connected disabilities refer to conditions or injuries that were incurred or aggravated during military service. The video discusses how these disabilities can qualify veterans for TDIU, especially under the 70/40 rule, where the severity of these conditions plays a crucial role in determining eligibility.

💡Combined disability rating

A combined disability rating is the total percentage of disability that a veteran receives from the sum of their individual disability ratings. The video highlights the financial incentive for veterans to reach a 100% combined rating, as it results in a significant increase in monthly benefits, about $2,000 more per month.

💡Scheduler and extra-scheduler

These terms refer to two different methods of qualifying for TDIU. Scheduler refers to meeting specific criteria outlined in the VA's rating schedule, such as the 70/40 rule. Extra-scheduler TDIU allows for qualification through circumstances not adequately reflected in the standard rating schedule. The video explains that even if a veteran does not meet the 70/40 criteria, they might still be eligible through extra-scheduler considerations.

💡Extra-schedular TDIU

Extra-schedular TDIU is a pathway to qualify for TDIU when the standard disability rating schedule does not fully account for the severity of a veteran's service-connected conditions. The video mentions that this route provides several other circumstances for veterans to argue their case, highlighting the flexibility in the TDIU qualification process.

💡VA disability news

VA disability news refers to updates and information related to disability benefits provided by the Department of Veterans Affairs. The video encourages viewers to subscribe to the channel for the latest in VA disability news, indicating the importance of staying informed about changes and developments in this area.

💡Claim denial and appeal

The video mentions that if a veteran's claim for TDIU is denied, they have the right to appeal. This highlights the importance of understanding the process and having the option to seek a review of the decision, which can be crucial for veterans seeking the benefits they need.

💡Free evaluation

The video offers a free evaluation of a veteran's case by CCK, suggesting that there are resources available to help veterans navigate the complex process of applying for and appealing TDIU claims. This service can be valuable for veterans who are unsure of their eligibility or need assistance in presenting their case.

💡Subscribe

The term 'subscribe' is used in the context of following the channel for updates. The video encourages viewers to subscribe to ensure they receive the latest VA disability news, emphasizing the channel's role as a source of information for veterans and their advocates.

Highlights

Discussing the VA's 70/40 rule for TDIU claims.

TDIU stands for Total Disability based on Individual Unemployability.

TDIU ratings are for veterans unable to maintain gainful employment due to service-connected disabilities.

Two ways to qualify for TDIU: scheduler and extra scheduler.

The 70/40 rule allows veterans to qualify for TDIU with specific conditions.

Veterans may qualify for TDIU with at least two service-connected conditions, one rated at 40% or higher, and a combined rating of 70% or higher.

Significant monthly benefit increase from a 70% to a 100% combined rating.

The 70/40 rule is beneficial for veterans with disabilities impacting their lives more than their rating suggests.

Veterans not meeting the 70/40 criteria may still be eligible for TDIU under extra schedular conditions.

Extra schedular TDIU considers circumstances where the disability rating schedule does not adequately reflect severity.

TDIU is vital for supporting veterans unable to work due to service.

TDIU claims can be challenging, and there is a right to appeal if denied.

CCK offers a free evaluation of TDIU claims.

Encouragement to like the video for more information on TDIU.

Subscribe to the channel for the latest VA disability news.

The video concludes with a reminder to take care.