TDIU: What Is the 70/40 Rule? | CCK Law (2024)

FAQs

TDIU: What Is the 70/40 Rule? | CCK Law? ›

To be eligible for schedular TDIU benefits, a veteran must have either: a single service-connected condition with a rating of at least 60 percent; or. (the 70/40 rule) at least two service-connected conditions with a combined rating of at least 70 percent, with at least one of the conditions rated 40 percent or higher.

All of the following must apply in order for a veteran to be eligible for TDIU benefits under this rule: You have more than one service-related mental or physical condition. At least one of your service-related disabilities has a VA disability rating of 40% or higher. Your combined disability rating is 70% or higher.

Veterans currently out of work or those who have been unemployed for years may find that they qualify for TDIU almost immediately. To qualify, one disability must be rated at an overall of 70% or higher. However, in some instances, a veteran can have lower than 70% and still qualify.

In 2024, the federal poverty threshold is about $15,000 a year. So if your service-connected disabilities keep you from making more than $15,000 annually, and you meet the other criteria, you are entitled to TDIU from VA.

A veteran with a disability rating as low as 60% for a single condition or a 70% combined rating with one condition rated at 40% or greater can receive benefits at the 100% level–if you can demonstrate that you are unable to engage in gainful employment because of your service-connected disability.

One common question about TDIU: is it permanent? A 100% rating certainly sounds like a good deal, and it's not something a veteran would want to have taken away. But the truth is, in most instances VA reserves the right to reduce a veteran's TDIU upon review.

To be eligible for schedular TDIU benefits, a veteran must have either: a single service-connected condition with a rating of at least 60 percent; or. (the 70/40 rule) at least two service-connected conditions with a combined rating of at least 70 percent, with at least one of the conditions rated 40 percent or higher.

Of the 70,500 Legacy appeals decided in 2023, 34% were granted, 17% were denied, and 44% were remanded (meaning the case was sent back to your regional office for further review).

Initial TDIU Claim: For initial TDIU claims, a C&P exam is usually required. This exam helps the VA determine if the veteran's disabilities are severe enough to warrant TDIU.

After filing an application for benefits, you will receive a decision from the VA. You then have several options for filing an appeal. The typical success rate for these appeals ranges from 34 to 38%, with slightly higher numbers for people who have legal representation for the veterans disability appeals process.

How far back does TDIU pay? ›

However, VA often gets the effective date wrong when awarding entitlement to TDIU, and a veteran's back pay may only go back as far as the date of their application for Individual Unemployability, or some other random date that VA decides is appropriate.

Specifically, Temporary TDIU benefits become permanent once you are 70 years or older or have received TDIU benefits for 20 consecutive years. After twenty years, a service-connected disability rating is considered continuous and cannot be rated below the original level.

No, TDIU doesn't end at 67 years of age.

If you're a disabled veteran receiving TDIU benefits, it's because you can't maintain substantially gainful employment and depend on your disability compensation, and it has nothing to do with your age. However, to continue TDIU benefits, the VA must deem you unable to work.

Medical evidence is often helpful in supporting your claim for TDIU. Specifically, you can submit any medical evidence that demonstrates how your service-connected disabilities prevent you from securing and maintaining substantially gainful employment.

Typically, it takes the VA 5-10 months to decide about TDIU claims.

The VA can terminate your TDIU benefits if it determines that your service-connected condition has improved to the point that you are able to maintain substantially gainful employment. Your TDIU rating may also be reduced if you are maintaining substantially gainful employment for 12 consecutive months.

Specifically, Temporary TDIU benefits become permanent once you are 70 years or older or have received TDIU benefits for 20 consecutive years. After twenty years, a service-connected disability rating is considered continuous and cannot be rated below the original level.

I think what you're asking is probably how to convert a 100% TDIU rating to a 100% schedular rating and the answer is we don't do that. The two ratings are exactly the same other than the TDIU rated veteran isn't allowed to work at 'gainful employment'...a more or less full time job.

The VA can terminate your TDIU benefits if it determines that your service-connected condition has improved to the point that you are able to maintain substantially gainful employment. Your TDIU rating may also be reduced if you are maintaining substantially gainful employment for 12 consecutive months.

This is determined by two factors: (1) the date the current underlying claim(s) was filed and (2) the date the veteran became unemployable due to the service-connected disability. The appropriate effective date for the TDIU award is the later of those two dates.