Chronic Obstructive Pulmonary Disease (COPD) is a severe respiratory condition affecting many Veterans. Exposure to harmful substances during military service increases the risk of developing COPD. This blog will review the symptoms, COPD VA rating process, service connection, COPD VA rating criteria, and how to get help with a denied claim.
What Is COPD?
COPD is a progressive lung disease that makes breathing difficult. It includes chronic bronchitis and emphysema, conditions that cause airway inflammation, mucus buildup, and lung damage. Common COPD symptoms include:
- Persistent cough with mucus
- Shortness of breath
- Wheezing
- Chest tightness
- Fatigue
COPD worsens over time and can severely impact a Veteran’s quality of life. Many Veterans struggle to perform daily activities or maintain employment due to breathing difficulties.
COPD in Veterans
Veterans face a higher risk of developing COPD due to exposure to airborne hazards during service. Military duties often involve exposure to:
- Burn pits
- Asbestos
- Diesel exhaust
- Chemical fumes
- Dust and debris
These environmental factors significantly contribute to lung diseases, including COPD. Veterans who develop COPD after service may qualify for COPD VA disability rating benefits if they establish a service connection.
How to Service Connect COPD
To receive VA rating for COPD, a Veteran must prove that their COPD is related to military service. A successful claim requires three key elements:
- A Current Diagnosis – A physician must diagnose COPD through medical examinations.
- An In-Service Event or Exposure – Veterans must provide evidence of exposure to harmful substances or conditions during service.
- A Nexus Between Service and COPD – A medical professional must state that the COPD is at least as likely as not related to military service.
Veterans can strengthen their claim with medical records, service records, and expert opinions linking COPD to military exposure.
VA Disability Rating for COPD
The VA rates COPD under 38 CFR §4.97, Diagnostic Code 6604 based on the results of Pulmonary Function Tests (PFTs), including:
- Forced Expiratory Volume in One Second (FEV-1): Measures how much air a person can forcefully exhale in one second. Lower percentages indicate more severe lung impairment.
- Forced Vital Capacity (FVC): Measures the total amount of air exhaled after a deep breath. The ratio of FEV-1 to FVC helps assess breathing efficiency.
- Diffusion Capacity of the Lung for Carbon Monoxide (DLCO): Evaluates how well the lungs transfer oxygen to the blood.
VA Rating Scale for COPD:
- 100% Rating: FEV-1 less than 40% predicted or requires oxygen therapy.
- 60% Rating: FEV-1 between 40-55% predicted, or DLCO less than 40%.
- 30% Rating: FEV-1 between 56-70% predicted, or DLCO between 40-55%.
- 10% Rating: FEV-1 between 71-80% predicted, or DLCO between 56-65%.
A higher rating leads to increased monthly compensation, ensuring Veterans receive the support they need.
The PACT Act and COPD
The PACT Act expands VA benefits for Veterans exposed to toxic substances, including burn pits. Under this law, COPD may be considered a presumptive condition for Veterans who served in specific locations, including Iraq, Afghanistan, and the Middle East.
Veterans who served in these areas do not need to prove direct exposure to toxins. The VA presumes a connection between service and the condition, simplifying the claims process.
TDIU for Veterans with COPD
Total Disability Individual Unemployability (TDIU) benefits provide compensation at the 100% rate for Veterans unable to work due to service-connected conditions.
Veterans with COPD may qualify for TDIU if:
- Their VA COPD rating is 60% or higher, OR they have a combined disability rating of 70%, with one condition rated at least 40%.
- They can prove that COPD prevents them from maintaining substantially gainful employment.
Medical records, vocational assessments, and buddy statements can support a TDIU claim.
How Chad Barr Law Can Help
If the VA denied a COPD VA disability rating claim or assigned a lower rating than warranted, Veterans have options to appeal. Many claims are rejected due to insufficient medical evidence, incorrect rating assignments, or failure to recognize service-related exposure.
At Chad Barr Law, our VA-accredited attorneys fight for Veterans to receive the benefits they rightfully deserve. We help with:
- Filing appeals for denied claims.
- Gathering medical evidence to strengthen cases.
- Ensuring the VA applies the correct rating based on the severity of symptoms.
Veterans should not have to navigate the claims process alone. If COPD has impacted daily life and the VA issued an unfair decision, contact Chad Barr Law today for a free case review.
