Veterans who suffer from service connected respiratory conditions like asthma, chronic bronchitis, chronic obstructive pulmonary disease (COPD), and emphysema may qualify for VA disability for respiratory conditions. The VA evaluates these conditions using the same rating system because they all impact lung function. Understanding how the VA rates these conditions can help Veterans receive the compensation they deserve.
How the VA Rates Respiratory Conditions
The VA Schedule of Ratings – Respiratory System (38 CFR § 4.97) outlines how the VA rates respiratory disorders. Conditions such as asthma, chronic obstructive pulmonary disease (COPD), bronchiectasis, cystic fibrosis, and interstitial lung disease qualify for VA disability benefits.
The VA determines disability ratings based on PFT results, including:
- Forced Expiratory Volume in One Second (FEV-1): Measures how much air a person can exhale in one second.
- Forced Vital Capacity (FVC): Measures total lung capacity.
- Diffusion Capacity of the Lung for Carbon Monoxide (DLCO): Measures how well oxygen passes from the lungs to the bloodstream.
- Need for Oxygen Therapy: Determines if supplemental oxygen is required for daily living.
VA Disability Ratings for Respiratory Conditions
The VA assigns disability ratings based on the severity of the respiratory condition. The ratings range from 10% to 100%:
- 10% Rating: FEV-1 of 71-80% predicted or FEV-1/FVC of 71-80%, or intermittent inhalational therapy is required.
- 30% Rating: FEV-1 of 56-70% predicted or FEV-1/FVC of 56-70%, or daily inhalational therapy is required.
- 60% Rating: FEV-1 of 40-55% predicted or FEV-1/FVC of 40-55%, or monthly doctor visits required for exacerbations.
- 100% Rating: FEV-1 less than 40% predicted or FEV-1/FVC less than 40%, or requires oxygen therapy daily.
The VA evaluates asthma, chronic bronchitis, COPD, emphysema and other respiratory illnesses under the same criteria, meaning Veterans with any of these conditions will be rated based on their lung function and treatment needs with the disability ratings being the same as above.
The PACT Act and Presumptive Conditions
The PACT Act expanded VA benefits for Veterans exposed to toxic substances. This includes exposure to burn pits, Agent Orange, and other environmental hazards. Many respiratory diseases are now considered presumptive conditions for certain groups of Veterans. Including:
· Asthma
· Chronic bronchitis
· COPD
· Emphysema
Presumptive respiratory cancers include:
· Lung cancer
· Tracheal cancer
· Laryngeal cancer
· Bronchial cancer
Presumptive conditions mean that Veterans do not need to prove a direct service connection. If a Veteran served in a qualifying location and developed one of these conditions, the VA assumes it is related to service.
For active respiratory cancers, the VA assigns a 100% disability rating during treatment and for six months after. Once in remission, the VA re-evaluates based on residual symptoms.
Other Service-Connected Respiratory Disorders
Other VA-recognized respiratory disorders include:
- Restrictive Lung Diseases – Pulmonary fibrosis, interstitial lung disease, and asbestosis result in stiff lungs, reducing air intake.
- Pulmonary Vascular Diseases – Tuberculosis, sarcoidosis, and bacterial lung infections cause lung tissue damage.
- Obstructive Sleep Apnea – Requires CPAP therapy and can qualify for VA disability benefits.
Establishing Service Connection for Respiratory Conditions
To qualify for VA disability compensation, Veterans must establish a service connection. This can be done in three ways:
- Direct Service Connection: The Veteran proves the condition started during military service. Medical records and in-service exposure documentation support the claim.
- Presumptive Service Connection: The Veteran served in a location where toxic exposure is acknowledged (such as Iraq, Afghanistan, or Vietnam), making it easier to get benefits.
- Secondary Service Connection: A Veteran develops a respiratory condition as a result of another service-connected disability, such as post-traumatic stress disorder (PTSD) or Gulf War Syndrome.
Evidence Needed for a Successful VA Claim
When filing for VA disability benefits, providing strong medical evidence is crucial. Veterans should submit:
- Service medical records documenting respiratory issues.
- VA or private medical records showing a current diagnosis and treatment.
- Pulmonary function test (PFT) results to establish severity.
- Nexus letters from doctors linking the condition to military service.
Common Reasons VA Denies Respiratory Claims
Many Veterans face claim denials due to lack of medical evidence, missing nexus opinions, or improper VA evaluations. If a claim is denied, Veterans should file an appeal with additional medical documentation. VA-accredited attorneys can help navigate the appeals process to increase the chance of approval.
How Chad Barr Law Can Help
A denied claim or lower disability rating than warranted does not mean Veterans should give up. The VA-accredited attorneys at Chad Barr Law specialize in helping Veterans secure the benefits they deserve. Our legal team understands the VA system and fights for the highest possible disability ratings.
If you or a loved one suffers from respiratory conditions that effect your daily living, contact Chad Barr Law today. Let us help you secure the compensation and care you earned through service. Don’t face the VA alone—Chad Barr Law is here to help fight for your benefits!
