Home / Blog / What is the 70/40 Rule for VA Disability in California?

When a veteran gets approved to receive VA disability, they get assigned a rating by the Department of Veterans Affairs. This rating determines the amount of compensation they will receive for their service-connected disability. The ratings range from 0% to 100%, with 100% being completely disabled. Veterans with a single disability will receive one rating for their compensation, but when multiple disabilities are involved, the rating process is a bit more complex. In California, some veterans with multiple disabilities may qualify for additional financial and medical support under the 70/40 rule, which can help them receive Total Disability Individual Unemployability (TDIU) benefits. In this blog, we will explain this rule in more depth and how veterans can maximize their VA benefits in California.

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VA Disability Ratings with Multiple Conditions

When a veteran has multiple disabilities, in order to get the total rating, the VA does not simply add the percentages for each disability. The VA gives the veteran a rating using the Combined Ratings Table. This table calculates the veteran’s overall combined rating based on the overall impact of each disability on the veteran, not just adding both ratings together.

What is the 70/40 Rule?

The 70/40 Rule allows veterans with multiple conditions to receive special benefits, such as Total Disability Individual Unemployability (TDIU).

The key aspects of the 70/40 Rule are:

The veteran must have two or more service-connected disabilities
At least one disability must be rated at 40% or higher
The combined rating of all the conditions must be 70% or higher

Total Disability Individual Unemployability (TDIU) Benefits

If a veteran meets these requirements, they can be eligible to receive TDIU, which can provide extra support for veterans, especially those who are unable to work. TDIU is an important benefit provided by the VA that allows veterans to receive 100% disability compensation even if their combined rating is less than 100%.

The main requirements for receiving TDIU are:

The veteran’s service-connected disabilities must prevent them from maintaining substantially gainful employment
Meet the 70/40 Rule or have a single condition with a rating of at least 60%

But why does TDIU matter? TDIU can provide essential support for veterans who have disabilities that prevent them from keeping a job by providing extra compensation. The 70/40 Rule comes into play here by acknowledging that a combination of less severe disabilities can get in the way of their ability to keep a job the same as a single disability with a high rating. Ultimately, in the end, this will help veterans maximize their benefits.

California-Specific Considerations for the 70/40 Rule

Veterans who fit the requirements for the 70/40 Rule may be eligible for other state-specific benefits that can help them gain even more benefits.

Here are some California-specific benefits for veterans who have a high VA rating or TDIU status:

May be eligible for property tax exemptions through the California State Disabled Veterans’ Exemption program
Given “Veterans’ Preference” when applying for state government jobs, increasing their chances of securing employment
Can receive a tuition waiver at any California State University or University of California School. In some cases, dependents can also receive these benefits.

Maximize Your VA Benefits

The 70/40 Rule is an important gateway for many veterans to make the most out of their VA benefits, including TDIU, which helps veterans receive compensation for a 100% disability rating. Additionally, veterans in California can have access to state benefits like property tax exemptions, employment programs, and college tuition waivers. That being said, if veterans are aware of the 70/40 Rule, they can take advantage of the additional benefits that come along with it. If you believe you qualify for the 70/40 Rule or need assistance navigating the VA disability claims process, contact Unruh Law today. Our experienced team can help you understand your eligibility and secure the benefits you deserve.

What is the 70/40 Rule for VA Disability in California?

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