VA 70/40 Rule: A Comprehensive Guide

The United States government provides support to those who retired or were honorably discharged from military service through the Department of Veterans Affairs (VA). Any disabled veteran whose disability is a service connected condition or was worsened through military service is entitled to VA disability benefits.  

Service-related conditions include quite a wide spectrum of experiences. Everything from pebble-in-your-shoe levels of discomfort to life-long struggles that necessitate significant changes to daily routines may be eligible for some level of VA disability compensation. 

In some cases, a single condition can result in total (or near total) disability for a veteran. Such cases often see disability ratings of 60% and above from the VA. But even some veterans with less “severe” disabilities may experience roughly equivalent struggles to this, due to how their multiple conditions compound each other.

Veterans that are faced with this level of challenge, whether from a single condition or from several different conditions, may qualify for Individual Unemployability. For those with 100% ratings, this is fairly straightforward. For the others, there are a few extra steps.

Let’s take a look at how veterans with multiple service-related conditions can make use of the 70/40 rule to apply for the full amount of disability that they can qualify for. 

Understanding the VA Rating System

If you’re reading this, odds are you’ve already been given a sit-rep on how a VA disability rating works. In brief, though, ratings are awarded to service-related conditions as a percentage, with each qualifying condition receiving ratings in increments of 10%. 

If you only have a single qualifying condition, the math is very direct. Your total disability rating is the same as the rating of the condition that qualified you. Even for veterans with a single primary condition and several other lower-rated disabilities, the total rating will be fairly close to the rating of the primary condition. 

For multiple conditions, however, a combined disability rating will be calculated. If one condition is rated at 30%, and another at 40%, your total rating is not necessarily 70%. Once you start adding further conditions, and bilateral factors if they apply, the graduated schedule can become pretty complex. 

What’s most important, for this conversation at least, is that 

a) typical Individual Unemployability applicants have to have a single condition with a rating of 60% or higher, and 

b) the compounded, aggregate rating of multiple conditions doesn’t count automatically, even if it’s above 60%. 

Thankfully, that’s not necessarily required to qualify for Individual Unemployability benefits. If you can exceed certain benchmarks (if you can call thresholds of human pain and suffering “benchmarks”), you’ll still qualify, even if the total rating is still under 100%. The shorthand for these metrics is known as the “70/40 rule.” Here’s how it works. 

The VA 70/40 Rule

If you’re hoping to apply for Individual Unemployability, but don’t have a singular condition with a rating of at least 60%, here are the qualification guidelines you still might be able to put to use: 

1. You must have two or more service-connected disabilities.
2. One of your qualifying disabilities must have a rating of 40% or higher on its own.
3. The combined rating of all of your disabilities must be 70% or above.

Here’s a quick example. Let’s say that you have at least two conditions—say, severe hearing loss, and plantar fasciitis—and want to see if you qualify. If one of your disabilities has a rating of 40% or more and your total rating is at least 70% after all of the calculations, then the VA will consider your claim just as they would consider one from a veteran with, say, a rating of 80% for severe vision loss. 

This is true, even if the total rating reaches 70% by compounding the ratings from half a dozen distinct conditions, as long as one of them is at least 40%. 

Because of this rule, veterans with conditions that, at least by the numbers, would not normally qualify them for increased benefits can still file a claim for Individual Unemployability.

How to Leverage the VA 70/40 Rule

Filing for Individual Unemployability via the 70/40 rule is largely the same as filing a claim for it normally. Use the correct forms, provide the necessary evidence, and submit everything via the online portal or through more analog channels. After that, much of it is in the hands of the VA.

One other worthwhile note, as we referenced earlier, is that the bilateral factor can, in some cases, push your numbers past the thresholds in question. When tallying both the single-condition 40% requirement, and the 70% total rating requirement, bilateral factors are taken into account, and may actually push the numbers high enough to qualify when you otherwise wouldn’t. 

In other words, if recently developed or qualified conditions have changed your rating, it might be worth taking another look at it, in case your eligibility for Individual Unemployability has changed and you may now be eligible for increased compensation. 

Conclusion

Filing claims for, working through the red tape, and getting approval for VA benefits can be a bit of a Charlie Foxtrot. This is especially true for veterans who face the biggest struggles and difficulties due to their service-connected conditions. But don’t let that stop you from pursuing the benefits you rightfully qualify for. 

All commentary aside, the VA is meant to be a resource for those who have endured hardship during, or as a result of, their time in the service, and you deserve the help and support you were promised. 

Hopefully, understanding the 70/40 rule a little better can help you reach the other side of all of this paperwork and get approved for the full amount of benefits you qualify for. If you think it might then visit Benefits.com and take our quiz to learn more about how to make it a reality.