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.