COPD

Getting Your VA Disability Benefits for COPD

Chronic obstructive pulmonary disease (COPD) is commonly found among veterans and causes significant difficulties with breathing. This respiratory disability can result from environmental exposures during military service, especially exposure to burn pits, mustard gas, and lewisite. The COPD VA rating ranges between 10% and 100%.

We explain more about how veterans may develop COPD because of their military service, how the VA rates COPD, and what veterans can do if they cannot work because of their COPD.

What is COPD?

Chronic obstructive pulmonary disease (COPD) refers to a group of lung conditions that make it hard to breathe. Common forms of COPD are emphysema and chronic bronchitis. In emphysema, the air sacs in the lungs are damaged, making it challenging 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 more than 15 million Americans, and is consistently one of the leading causes of death in the U.S. Research suggests that over 50% of adults with low lung function weren’t aware they had COPD.

For veterans, the risk of developing COPD is even higher. Exposure to certain chemicals, dust, and smoke during military service contributes to this increased risk. Smoking is also a significant cause of COPD, and veterans are more likely to be smokers compared to the general population.

COPD doesn’t just affect a person’s lungs. It can lead to limitations in daily activities and increased hospital visits and can coexist with other chronic diseases. We will explain more about these comorbidities later.

COPD VA rating

The VA rates COPD under diagnostic code 6604 in the Schedule of Ratings for “Chronic obstructive pulmonary disease.” The VA bases a veteran’s rating on the results of different lung testing, which we explain below.

Rating criteria for COPD:

Description

VA Rating

 Column 3
FEV-1/FVC less than 40%
More than one attack per week with episodes of respiratory failure
Requires daily use of corticosteroids or immunosuppressive medications
100%
$3,831.30
FEV-1/FVC of 40 to 55%
At least monthly visits to a physician
At least three per year courses of corticosteroids
60%
$1,395.93
FEV-1/FVC of 56 to 70%
Daily inhalational or oral bronchodilator therapy inhalational anti-inflammatory medication
30%
$537.42
FEV-1/FVC of 71 to 80%
Intermittent inhalational or oral bronchodilator therapy
10%
$175.51

The VA uses several “pulmonary function lung tests,” or PFTs, to measure the impact of COPD on your lungs. These include:

  • Forced Expiratory Volume in 1 Second (FEV-1). This test assesses how much air a person can exhale forcefully in one second.
  • Forced Vital Capacity (FVC). FVC measures the overall lung capacity.
  • Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO-SB). The test measures how effectively the lungs transfer gas to the bloodstream.

COPD and toxic exposures among veterans

Veterans may develop COPD due to various exposures during military service, including exposure to toxins from burn pits, Agent Orange, and mustard gas.

COPD and burn pits

Exposure to burn pits during military service has been linked to COPD and many other respiratory conditions. Due to this connection, the VA recognizes COPD as a presumptive condition for qualifying veterans who served near burn pits.

Veterans with presumptive conditions don’t need to prove that their service caused the condition. They only need to show they meet any service requirements for the presumption.

Exposure to mustard gas or lewisite, chemicals used in warfare, can lead to severe health conditions, including respiratory problems like COPD. Due to this proven connection, the VA recognizes COPD as a presumptive condition for mustard gas or lewsite exposure.

Exposure to Agent Orange, a herbicide used in the Vietnam War, is also associated with various health conditions. However, COPD is not currently considered a presumptive condition for Agent Orange exposure.

Veterans who believe Agent Orange caused their COPD may still be able to provide enough evidence on a case by case basis to show their COPD was caused by the exposure. They will not, however, be able to benefit from a presumptive connection.

Veterans with service-connected COPD are at an increased risk for various other health problems. Some of these include:

  • Pulmonary hypertension
  • Heart disease
  • Diabetes
  • Osteoporosis
  • GERD

COPD and common secondary conditions

COPD often comes with additional health challenges,” said VA disability lawyer Krystal Lechner. “For example, you may be presumptively service-connected for COPD because of your exposure to burn pits. COPD is often known to cause sleep apnea, and sleep apnea can lead to a whole host of other symptoms which may also be rateable, such as headaches or fatigue, and, ultimately, [you could receive] unemployability if you can’t hold a job because of the combined effects of these limitations.”

We’ll take a look at a few of these related secondary conditions below.

When COPD and obstructive sleep apnea (OSA) coexist, it’s called “overlap syndrome” (OS). This common combination can complicate the treatment and management of both conditions. Excessive daytime sleepiness and frequent waking at night cause consistent fatigue from a lack of uninterrupted sleep and can affect a person’s ability to function.

COPD significantly impacts mental health, with conditions like anxiety and depression being more common among COPD patients. People with COPD have higher rates of depression and anxiety compared to the general population. In fact, depression has been diagnosed in approximately 40% of COPD patients. The psychological strains of living with COPD, coupled with physical limitations, can also worsen existing mental health issues.

While lung nodules do not cause COPD, COPD can increase a veteran’s risk of developing lung nodules. Lung nodules are small growths or masses on the lung. They are often benign but have the potential to be cancerous and therefore much more dangerous.

Veterans with service-connected COPD who develop lung nodules may be eligible for additional monthly compensation. The VA disability rating for lung nodules depends on whether the nodules are cancerous or benign. Based on this designation, the VA disability rating for lung nodules can be evaluated using either diagnostic code 6819, at 100%, or 6820, which calls for the condition to be rated analogously under another similar lung condition based on symptoms.

How long does it take to get VA disability for COPD?

Generally, the process for receiving VA disability benefits for COPD can take several months to years. The VA reviews each case individually, assessing medical evidence and service records to establish a connection between the veteran’s military service and COPD. While the wait time for an initial decision typically takes a few months, veterans who are denied benefits or granted a low rating they disagree with may spend much longer appealing for their full benefits.

Veterans experiencing severe hardships, such as financial distress or terminal illness, can request expedited processing. This option is also available for Medal of Honor and Purple Heart recipients, former prisoners of war, and veterans of advanced age. Specific age requirements vary depending on whether you are appealing at the VBA or an RO. Expedited claims are processed more quickly, helping eligible veterans receive their benefits sooner.

TDIU for COPD

Total disability based on individual unemployability (TDIU) benefits offer vital support for veterans whose COPD makes work challenging. Difficulty working may also be compounded by other conditions related to a veteran’s COPD, like anxiety or sleep apnea. Severe COPD can hinder a person’s ability to do physical tasks and affect their mood and cognitive abilities, impacting even sedentary jobs.

TDIU provides a pathway for veterans to receive the same compensation as a 100% rating, even when their symptoms do not meet the criteria for a schedular 100% rating. Veterans with COPD or other service-connected conditions that prevent them from maintaining “substantially gainful employment” may be entitled to TDIU.

To be eligible for TDIU, veterans must typically have:

1

At least one service-connected disability rated at 60% or more disabling OR

2

Two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more

How VA can help

Our VA-accredited attorneys have helped thousands of veterans nationwide who can no longer work because of their service-connected conditions. Call us today for your free, confidential TDIU case evaluation. You won’t pay us unless we win your claim.

FREQUENTLY ASKED QUESTIONS

Yes. Ischemic heart disease, also known as coronary artery disease, is a type of arteriosclerotic heart disease. Ischemic heart disease is a presumptive of Agent Orange exposure for qualifying veterans.

The VA rates COPD under diagnostic code 6604 in the Schedule of Ratings for “Chronic obstructive pulmonary disease.” Veterans with service-connected COPD may be given a rating of 10%, 30%, 60%, or 100% depending on the severity of their symptoms.

COPD is a presumptive condition for burn pit, mustard gas, and lewisite exposure.