What is the VA 70-40 Rule?
The VA 70-40 Rule is a regulation that determines how much compensation veterans with service-connected disabilities receive from the Department of Veterans Affairs (VA). The rule states that the combined rating of a veteran’s disabilities must be at least 70% to be eligible for a 70% disability rating. However, there are exceptions to this rule.
History of the VA 70-40 Rule
The VA 70-40 Rule was established in 1988. It was created to streamline the process of determining disability ratings for veterans. Prior to the rule, the VA used a more complex system that was difficult to understand and apply.
How the VA 70-40 Rule Works
The VA 70-40 Rule is based on the combined rating of a veteran’s disabilities. This is the total percentage of disability that all of a veteran’s service-connected conditions add up to. For example, if a veteran has a 30% disability rating for one condition and a 40% disability rating for another condition, their combined rating is 70%.
Once the VA has determined a veteran’s combined rating, they can use the 70-40 Rule to determine their eligibility for a 70% disability rating. If a veteran’s combined rating is at least 70%, they are eligible for a 70% disability rating. However, there are exceptions to this rule.
Exceptions to the VA 70-40 Rule
There are a number of exceptions to the VA 70-40 Rule. These exceptions allow veterans with combined ratings below 70% to receive a 70% disability rating. Some of the most common exceptions include:
- Total disability: If a veteran’s disabilities prevent them from working or participating in gainful employment, they may be eligible for a 70% disability rating, even if their combined rating is below 70%.
- Individual unemployability: If a veteran’s disabilities prevent them from obtaining or following a gainful occupation, they may be eligible for a 70% disability rating, even if their combined rating is below 70%.
- Special monthly compensation: Veterans who receive special monthly compensation for certain conditions, such as blindness or deafness, may be eligible for a 70% disability rating, even if their combined rating is below 70%.
Importance of the VA 70-40 Rule
The VA 70-40 Rule is an important regulation that helps veterans receive the compensation they deserve. It is a fair and equitable system that ensures that veterans with the most serious disabilities receive the highest level of compensation.
At Coskrey Law, we specialize in assisting veterans with their VA disability claims. Our Attorney Ryan Coskrey can help you gather and present the necessary medical evidence to support your claim. We understand the intricacies of the VA system and are committed to ensuring that your claim is as strong as possible.