Veterans who can’t work due to service-connected conditions but haven’t received a 100 percent VA disability rating can still get full disability benefits through the Total Disability Individual Unemployability program, or TDIU. TDIU status provides access to the same level of benefits available to veterans with 100 percent VA disability ratings.
One path to TDIU eligibility is the 70-40 rule, which involves combined ratings for multiple disabling conditions.
The VA disability rules may seem complicated and overwhelming, but Veterans Guide is here to help. Every day, our dedicated team helps veterans and their families access the benefits they’ve already earned with their service. We can help you pursue increased disability compensation through TDIU.
On This Page
- What Is the VA 70-40 Rule?
- Understanding Combined Ratings and How VA Math Works
- How the 70-40 Rule Applies to TDIU
- Practical Example: How the 70-40 Rule Works in Real Claims
- What If You Don’t Meet the 70-40 Rule?
- Common Misunderstandings About the 70-40 Rule
- How Veterans Guide Can Help You Navigate the 70-40 Rule
What Is the VA 70-40 Rule?
Through TDIU, a veteran who does not meet the specific criteria for a 100 percent rating for their condition could still receive the equivalent benefits by demonstrating that their disability prevents them from performing substantial work. To qualify, you must meet one of the following requirements:
- You have one service-related condition with a VA disability rating of 60 percent or higher.
- You have a combined VA disability rating of 70 percent for multiple conditions, with at least one rated at 40 percent. This pathway is called the 70-40 rule for TDIU eligibility.
If you don’t meet either requirement for TDIU but can still not obtain or keep gainful employment, you can apply for extraschedular TDIU. However, this is a much more challenging path for approval.
Understanding Combined Ratings and How VA Math Works
Pursuing TDIU under the 70-40 rule requires obtaining ratings for multiple conditions. These could be primary service-connected conditions or secondary ones that develop because of the primary ones.
Calculating your combined rating involves more than adding your various ratings together. Instead, the VA uses a Combined Ratings Table. The table weighs lower ratings differently from higher ratings. For instance, it takes eight separate disabilities rated at 10 percent to reach a combined rating of 60 percent.
The Importance of a Single 40% Rating
To qualify under the 70-40 rule of TDIU, one of your conditions must have received a 40 percent disability rating or higher. The VA will not combine multiple conditions to get to that 40 percent.
If one of your disabilities has worsened, you can apply for a disability rating increase that may satisfy the 40 percent requirement. An experienced VA attorney can help you get started.
Using the Bilateral Factor To Reach 70%
If your disability affects both sides of your body, such as injuries affecting both knees, the VA calculates your disability a bit differently. First, it calculates the combined rating using the table. Then, it adds 10 percent of the combined rating on top of that, which can then be combined with other disability ratings.
For example, if your right knee condition is rated at 50 percent and your left knee injury is rated at 20 percent, the combined rating would be 60 percent. Ten percent of that rating is added on top for the bilateral impact to bring the combined total to 66. And because the VA rounds to the nearest 10 percent, the final result is 70 percent. Thus, you would satisfy the 70-40 rule with a combined rating of 70 percent and one injury rated at 40 percent or higher.
How the 70-40 Rule Applies to TDIU
If your disability rating meets the 70-40 rule, you have TDIU eligibility if you are unable to find substantially gainful employment. Under the VA regulations, that means a competitive job that pays over the poverty level.
A competitive job is any role for which you receive the same pay as other employees for the same responsibilities. You may work in a protected environment if you earn less money but are shielded from some competitive aspects of the labor market. If you’re employed in a protected workplace, you may qualify for TDIU even if you make more than the poverty level.
The poverty threshold depends on your family size, and the government revises it yearly. The numbers for the contiguous United States in 2025 are as follows:
| Number of People in Household | Yearly Salary |
|---|---|
| 1 | $15,650 |
| 2 | $21,150 |
| 3 | $26,650 |
| 4 | $32,150 |
| 5 | $37,650 |
| 6 | $43,150 |
| 7 | $48,650 |
| 8 | $54,150 |
To apply for TDIU, you’ll complete VA form 21-8940 and submit evidence such as your work history and medical information about your condition. A qualified VA attorney can help you gather the required documentation and prepare your claim.
Practical Example: How the 70-40 Rule Works in Real Claims
Let’s say you’re a veteran with two rated disabilities: Post-traumatic stress disorder, or PTSD, rated at 50 percent, and back pain rated at 40 percent. Your back pain makes physical and outdoor work very difficult, and your doctor has restricted you from lifting heavy items. Meanwhile, your PTSD severely limits your concentration. You’ve been unable to find a job for many months.
To determine your eligibility for TDIU, the VA will combine your two ratings using its charts. Your ratings of 50 and 40 percent result in a combined 70 percent rating. You qualify for TDIU by satisfying the 70-40 rule with a combined rating of 70 percent and two conditions rated 40 percent or more.
After determining your eligibility, the VA will still need evidence that your disabilities make it impossible to work. This evidence can include medical records and personal logs showing how your conditions affect your daily life. The VA will also need your work history and education records.
What If You Don’t Meet the 70-40 Rule?
If your disability rating doesn’t satisfy the 70-40 rule, you may still be eligible to receive TDIU if you are unable to work. You’ll submit an extraschedular claim through the same application, but it will go through an additional step.
How the VA Evaluates Extraschedular Claims
Your regional VA office reviews all TDIU claims in its region. Regional approval is all that’s needed for schedular TDIU claims. However, the Director of the Compensation and Pension Service must also approve extraschedular claims.
Your regional VA office will only forward strong cases with plenty of evidence. A knowledgeable VA attorney can help you understand the requirements for a successful extraschedular TDIU case and gather the documents you need.
Common Misunderstandings About the 70-40 Rule
There are several myths surrounding VA disability requirements and the application of the 70-40 rule. Here are some facts to clear up these common misconceptions:
- You do not have to have one condition rated at 70 percent. Only your combined rating needs to be 70 percent or higher.
- You can still work a seasonal or part-time job with TDIU. As long as your earnings remain below the poverty level, you remain eligible for TDIU.
- Workers in protected environments are still eligible for TDIU. In fact, if you work at such a job, you can retain your TDIU status while earning more than the poverty level.
- Receiving TDIU does not change your disability rating. Though TDIU provides the same benefits as a 100 percent rating, it does not change your disability rating.
A qualified VA attorney can answer any other questions you have about the 70-40 rule or how to apply for TDIU.
How Veterans Guide Can Help You Navigate the 70-40 Rule
Qualifying for TDIU from the VA can feel like endless forms, confusing requirements, and tricky math problems. You don’t have to struggle with the red tape on your own. At Veterans Guide, we’ve helped thousands of service members like you access the benefits they deserve through successful TDIU claims.
If you have a condition rated at less than 100 percent but are still unable to work, you might be entitled to TDIU benefits. The VA 70-40 rule can help you receive the full benefits you deserve. Contact us today to learn about your eligibility.
