Serving our country can expose you to environmental hazards, including harmful toxins and pollutants. One consequence for many veterans is developing chronic obstructive pulmonary disease (COPD). COPD makes breathing difficult and impacts daily life. So, can COPD be filed for a VA disability claim? Yes, it absolutely can. This post explains how.
Many veterans wonder about this because the VA disability system can be tough. This article provides a roadmap for veterans seeking VA disability benefits for COPD. We’ll break it down step by step, from establishing service connection to understanding the VA rating system. It’s also helpful to understand more about this condition.
Understanding COPD and Its Causes
COPD isn’t a single disease but an umbrella term for several progressive lung diseases like emphysema and chronic bronchitis. These conditions block airflow to the lungs.
COPD symptoms vary but commonly include shortness of breath, wheezing, chest tightness, and a persistent cough. Two common forms of COPD are emphysema and chronic bronchitis.
In emphysema, the air sacs in the lungs are damaged. This damage makes it hard to get oxygen in and carbon dioxide out. Chronic bronchitis involves long-term inflammation of the airways, causing coughing with mucus.
COPD is a significant health issue, affecting over 15 million Americans. It’s consistently among the leading causes of death in the U.S. Research suggests over 50% of adults with low lung function are unaware they have COPD. For veterans, the risk is even higher.
Military Service and COPD
Many factors contribute to developing COPD, but military service presents unique risks. Exposure to burn pits, a common practice in recent conflicts, is a leading concern. These burn pits incinerated waste, often including hazardous materials.
The resulting smoke contained many toxins that could damage the respiratory system. A recent VA study found that about 14% of Gulf War-era veterans have a respiratory condition, with COPD being common.
Other military-related risk factors include exposure to airborne toxins like Agent Orange, particulate matter, and other chemical agents. Even exposures like diesel fumes or dust storms can contribute over time. Serving in certain locations at specific times qualifies veterans for presumption of burn pit exposures.
Can COPD Be Filed for a VA Disability Claim? The Process
Filing for VA disability benefits for COPD requires establishing a service connection. This means showing a link between your COPD and your military service.
This link is established through direct or presumptive service connection. Direct service connection requires medical evidence directly linking your COPD to your service.
Presumptive service connection offers a streamlined path for those who served in specific locations during certain timeframes. This makes the process easier.
Direct Service Connection
Direct service connection needs evidence linking your current COPD to your service time. This requires a current COPD diagnosis from a qualified medical professional.
You also need documentation of an in-service event, illness, or injury that led to the condition. Plus, you’ll need a nexus letter.
This letter, from a physician, explains how your service likely caused your COPD. This includes ischemic heart disease or prostate cancer. It considers your service records, medical history, and examination. It can even include supporting evidence from family, friends, and fellow service members.
Presumptive Service Connection
The Honoring Our Pact Act simplifies service connection for many veterans. The PACT Act presumes certain conditions, including COPD, are service-connected for veterans in specific areas or exposed to environmental hazards. This includes veterans of the Gulf War and later conflicts in the Middle East, where burn pits were common.
Veterans qualify for presumptive service connection based on service location and times. Two examples (among many) include:
- On or after August 2, 1990: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, the United Arab Emirates, or the airspace above these locations.
- On or after September 11, 2001: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan, or the airspace above these locations. Review all locations related to VA disability and burn pit info.
Presumptive claims have effective dates of October 1, 2023. For terminally ill, homeless, financially stressed veterans, those 85 or older, or with other acceptable reasons, the effective date is August 10, 2022. If the presumptive conditions apply, complete VA Form 21-526EZ. You won’t need additional letters or documentation for presumptive service connection.
VA Ratings for COPD
After establishing service connection, the VA assigns a disability rating based on your COPD’s severity. These ratings range from 10% to 100% in 10% increments. The rating sets your monthly compensation amount.
The VA rates COPD under diagnostic code 6604 in the Schedule of Ratings. The rating is based on lung function tests like FEV-1 (forced expiratory volume) and other criteria.
| VA Rating | Criteria |
|---|
| 100% | FEV-1 less than 40% of predicted value, or; FEV-1/FVC less than 40%, or; DLCO (SB) less than 40% predicted, or; maximum exercise capacity less than 15 ml/kg/min, or; cor pulmonale, or; right ventricular hypertrophy, or; pulmonary hypertension, or; episodes of acute respiratory failure, or; requires outpatient oxygen therapy. |
| 60% | FEV-1 of 40-55% predicted, or; FEV-1/FVC of 40-55%, or; DLCO (SB) of 40-55% predicted, or; maximum oxygen consumption of 15 to 20 ml/kg/min. |
| 30% | FEV-1 of 56-70% predicted, or; FEV-1/FVC of 56-70%, or; DLCO (SB) of 56-65% predicted. |
| 10% | FEV-1 of 71-80% predicted, or; FEV-1/FVC of 71-80%, or; DLCO (SB) of 66-80% predicted. |
The VA uses various lung tests for the VA rating. They focus on pulmonary function tests (PFTs) to measure COPD’s impact. These tests can also identify conditions like hearing loss or TDIU benefits.
- Forced Expiratory Volume in 1 Second (FEV-1): This test measures how much air you exhale forcefully in one second.
- Forced Vital Capacity (FVC): FVC measures overall lung capacity.
- Diffusion Capacity of the Lung for Carbon Monoxide (DLCO-SB): This test measures how well your lungs transfer gas to your bloodstream.
These tests reveal how much oxygen your blood uses at maximum capacity. Your vital capacity and forced vital capacity can be impacted by this.
Secondary Conditions
COPD can increase your risk of other health issues. These secondary conditions, like plantar fasciitis, irritable bowel syndrome (IBS) or adjustment disorder, can worsen COPD symptoms. They increase the overall impact on a veteran’s life.
Veterans can experience secondary conditions due to their primary service-connected disability. Secondary service connection allows the VA to compensate veterans for conditions caused or worsened by service-connected disabilities. This includes those suffering from traumatic brain injuries and multiple myeloma.
Some common secondary conditions linked to COPD include sleep apnea, anxiety, and depression. There’s also an increased risk of lung nodules and even lung cancer. Documenting symptoms, treatments, and medications is crucial. Seek mental health assessments for secondary conditions like anxiety and depression arising from COPD.
Veterans can file claims for secondary conditions related to service-connected COPD. Proving that your COPD worsens the secondary condition is essential. Medical opinions and service records are key evidence in disability claims. Even lung nodules can worsen with service-connected COPD. Those who have served in Southwest Asia may experience different symptoms than others.
Seeking Guide for COPD Claims
Navigating VA disability claim process can be challenging. Many veterans seek help, especially for secondary conditions related to COPD. If you need help getting VA benefits, consider seeking assistance. If you’ve been denied in the past or if your claim seems daunting, Coaches at Vet Claim Solutions might help.
Conclusion
Can COPD be filed for a VA disability claim? Yes. Securing benefits for service-connected COPD can seem complex, but with the right support, veterans can receive due compensation. This is true even if they have also experienced conditions like irritable bowel syndrome, or if they are a victim of prostate cancer.
While a 2018 study showed no direct link between Agent Orange and COPD via spirometry testing, COPD can be service-connected due to other hazards, like burn pits. Exploring every avenue for filing a COPD claim is essential.
Understanding the VA rating system for COPD, direct service connection, and presumptive service connection can empower veterans and their families. It provides information to help you make important decisions for a favorable outcome. These claims can sometimes also cover things like hearing loss.