What is COPD?<\/strong><\/h2>\n\n\n\nCOPD is an inflammatory lung disease that obstructs airflow into and out of the lungs. It is considered a progressive medical condition, meaning that it generally gets worse over time.<\/p>\n\n\n\n
COPD manifests in two ways:<\/p>\n\n\n\n
\n- Chronic bronchitis, which is an inflammatory condition that can cause excessive mucus production.<\/li>\n\n\n\n
- Emphysema, which describes how the air sacs in your lungs can harden, losing the elasticity that they need to exhale.<\/li>\n<\/ul>\n\n\n\n
In the United States, most people with COPD will experience both of these conditions.<\/p>\n\n\n\n![\"An](\"https:\/\/www.stoneroselaw.com\/veteranslaw\/wp-content\/uploads\/sites\/3\/2024\/08\/COPD-VA-Rating_Graphic-1-974x1024.webp\")
<\/figure>\n\n\n\n<\/p>\n\n\n\n
What Causes COPD?<\/strong><\/h2>\n\n\n\nCOPD is the product of your respiratory system’s reaction to irritation caused by inhaling toxic air or particulates like dust and sand over time.<\/p>\n\n\n\n
For veterans, especially those who served in the Persian Gulf and Afghanistan after September 11, 2001, a common cause of COPD has been burn pit exposure. These pits were used to get rid of refuse materials, which often released toxic fumes when burned.<\/p>\n\n\n\n
Other causes of COPD include:<\/p>\n\n\n\n
\n- Long-term exposure to cigarette smoke<\/li>\n\n\n\n
- Having an existing asthma condition<\/li>\n\n\n\n
- Tuberculosis<\/li>\n\n\n\n
- Human immunodeficiency virus (HIV)<\/li>\n\n\n\n
- Increasing age past 40<\/li>\n\n\n\n
- Other genetic conditions<\/li>\n<\/ul>\n\n\n\n
More than one of these can contribute to COPD simultaneously.<\/p>\n\n\n\n![\"An](\"https:\/\/www.stoneroselaw.com\/veteranslaw\/wp-content\/uploads\/sites\/3\/2024\/08\/COPD-VA-Rating_Graphic-2-682x1024.webp\")
<\/figure>\n\n\n\n<\/p>\n\n\n\n
What are the Symptoms of COPD?<\/strong><\/h3>\n\n\n\nThe symptoms of COPD are generally those that you would expect to experience from a lung disease. The early signs of COPD include:<\/p>\n\n\n\n
\n- A persistent cough accompanied by large amounts of mucus<\/li>\n\n\n\n
- Shortness of breath and becoming easily winded<\/li>\n\n\n\n
- A feeling of tightness in your chest<\/li>\n\n\n\n
- Wheezing sounds when you breathe<\/li>\n<\/ul>\n\n\n\n
As COPD gets worse, you can experience additional symptoms acute respiratory failure symptoms that include:<\/p>\n\n\n\n
\n- Chronic fatigue<\/li>\n\n\n\n
- Loss of appetite and weight loss<\/li>\n\n\n\n
- Loss of muscle mass<\/li>\n\n\n\n
- Feelings of anxiety and depression<\/li>\n<\/ul>\n\n\n\n
The longer you live with COPD, the more it will affect how you live your life as more and more activities like walking, climbing stairs, or even doing simple household chores become harder to do.<\/p>\n\n\n\n
What is a Presumptive Disability for COPD?<\/strong><\/h3>\n\n\n\nUntil recently, most veterans with COPD had to prove a service connection to claim VA benefits.<\/p>\n\n\n\n
Since October 1, 2023, however, the VA now recognizes burn pit exposure<\/a> as a ground for presumptive disability for veterans suffering from chronic bronchitis and COPD. This presumption can apply if you served in the following places and dates.<\/p>\n\n\n\nPresumptive Exposure on or After August 2, 1990<\/strong><\/h4>\n\n\n\nIf you served in any of these locations, including the airspace above them, you have a presumption of exposure to burn pits or other toxins:<\/p>\n\n\n\n
\n- Bahrain<\/li>\n\n\n\n
- Iraq<\/li>\n\n\n\n
- Kuwait<\/li>\n\n\n\n
- Oman<\/li>\n\n\n\n
- Qatar<\/li>\n\n\n\n
- Saudi Arabia<\/li>\n\n\n\n
- Somalia<\/li>\n\n\n\n
- United Arab Emirates (UAE)<\/li>\n\n\n\n
- Arabian Sea<\/li>\n\n\n\n
- Gulf of Aden<\/li>\n\n\n\n
- Gulf of Oman<\/li>\n\n\n\n
- Neutral zone between Iraq\/Saudi Arabia<\/li>\n\n\n\n
- Persian Gulf<\/li>\n\n\n\n
- Red Sea<\/li>\n<\/ul>\n\n\n\n
Presumptive Exposure on or After September 11, 2001<\/strong><\/h4>\n\n\n\nIf you served in any of these locations, including the airspace above them, you have a presumption of exposure to burn pits or other toxins:<\/p>\n\n\n\n
\n- Afghanistan<\/li>\n\n\n\n
- Djibouti<\/li>\n\n\n\n
- Egypt<\/li>\n\n\n\n
- Jordan<\/li>\n\n\n\n
- Lebanon<\/li>\n\n\n\n
- Syria<\/li>\n\n\n\n
- Uzbekistan<\/li>\n\n\n\n
- Yemen<\/li>\n<\/ul>\n\n\n\n
How To Establish a Service-Related Connection to COPD<\/strong><\/h3>\n\n\n\nIf you have a COPD diagnosis but do not qualify for a presumptive service connection, you can still make a benefits claim. However, you will need to establish that connection.<\/p>\n\n\n\n
To make a service connection, you will need to show that you have a current COPD diagnosis and that your COPD either began or became worse because of your military service. You will also need to establish a medical nexus connection between an event or condition of your service and your current COPD condition.<\/p>\n\n\n\n
Your doctor who treats you for your COPD symptoms is often the person you will rely on to write a nexus letter to make the service connection.<\/p>\n\n\n\n
In addition to a medical nexus letter, proof of a service connection for COPD can include:<\/p>\n\n\n\n
\n- Your military service records of treatment if the condition arose before you left the service<\/li>\n\n\n\n
- Your existing records of treatment post-service<\/li>\n\n\n\n
- Written statements by people who have witnessed the effects of COPD on you in your personal life and your work<\/li>\n<\/ul>\n\n\n\n
Cigarette Smoking and Proving a COPD Service Connection<\/strong><\/h4>\n\n\n\nCigarette smoking is a major contributor to COPD. In fact, there\u2019s a reason the persistent, hacking, mucus-filled cough that COPD sufferers experience is called a “smoker\u2019s cough.<\/em>“<\/p>\n\n\n\nAlthough it is discouraged today, cigarette smoking was once accepted and commonplace in all branches of the military. The VA used to use a veteran\u2019s history of smoking as grounds to deny claims.<\/p>\n\n\n\n
Still, the VA does not automatically deny COPD claims because of past or present cigarette smoking. You can receive COPD-related VA benefits\u2014even as a smoker\u2014if you qualify for a presumptive service connection.<\/p>\n\n\n\n
Even if you smoked cigarettes and cannot receive benefits through a presumptive service connection, you may still be able to qualify for a COPD VA rating and VA disability benefits. The key is that you must convince the VA, with medical evidence, that it is at least as likely as not likely that your military service caused your COPD.<\/strong><\/p>\n\n\n\nIn other words, you must persuade the VA that the non-smoking contributors to your COPD were as likely as smoking cigarettes led to the condition.<\/p>\n\n\n\n
How can you improve your chances of the VA accepting your COPD benefits claim if you are or were a cigarette smoker? Here are a couple of things you can do:<\/p>\n\n\n\n
\n- If you have not already quit smoking, quit now<\/em>. The VA will consider whether or not you are still smoking and how long it has been since you\u2019ve stopped when deciding how significant COPD contributor cigarettes are.<\/li>\n\n\n\n
- If you were exposed to toxic gasses or particulates during your service, document them in as much detail as possible<\/em>. What were the chemicals or other materials involved? How often were you exposed to them, and for how long? Were you treated for exposure to them while you were still serving?<\/li>\n<\/ul>\n\n\n\n
What is a Secondary Service Connection for COPD? <\/strong><\/h3>\n\n\n\nSometimes chronic obstructive pulmonary disease can be considered a primary condition in combination with a secondary condition that the VA recognizes. If the COPD condition had a medical nexus to another medical condition, this additional disability is based on a secondary service connection.<\/p>\n\n\n\n
Examples of disabling conditions<\/a> that can be at least made worse by COPD include sleep apnea, chronic bronchitis, depression, anxiety, asthma, allergic bronchospasms, and lung cancer.<\/p>\n\n\n\nCompensation & Pension (C&P) Exams for COPD<\/strong><\/h3>\n\n\n\nSometimes the VA will schedule you for a C&P examination as part of your application for COPD VA benefits. The purpose of the exam is for the VA to gather any additional information it needs to decide whether to give you a VA disability rating for your condition and to help assess what your VA disability rating percentage should be.<\/p>\n\n\n\n
During a C&P exam, a VA examiner will review your records, ask questions, and possibly have you undergo tests.<\/p>\n\n\n\n
A C&P exam is a serious matter. If the VA sets one up for you, you must attend it. Missing a C&P exam can at least delay the VA’s consideration of your application and could even lead to a claim denial.<\/p>\n\n\n\n
Sometimes, the VA examiner might draw conclusions that do not support your COPD benefits claim. For example, the VA examiner may believe that you do not have COPD but another respiratory system condition instead, like pulmonary hypertension.<\/p>\n\n\n\n
Or, the VA examiner may decide that the evidence you have provided is insufficient to establish a service connection to COPD, presumptive or otherwise.<\/p>\n\n\n\n
If this happens, remember that an unfavorable C&P exam is not necessarily the end of your benefits claim. An experienced VA disability benefits attorney can guide you on your options, including having another qualified examiner review your evidence or making a supplemental claim to provide more new and relevant evidence.<\/p>\n\n\n\n
How Does the VA Rate COPD?<\/strong><\/h2>\n\n\n\nIf the VA accepts your application for COPD disability benefits, the next step will be for the VA to assign you a disability rating<\/a>. You can receive one of six disability ratings, from as low as 10 percent to as high as 100 percent.<\/p>\n\n\n\nThe VA rates COPD based on test measures that measure how much air is in your breath capacity and any cardiac or respiratory limitation. These tests include Forced Expiratory Volume, Forced Vital Capacity, and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method.<\/p>\n\n\n\n
You can also be tested for your maximum exercise capacity, like the six-minute walk test. Another factor in the calculation is whether you need outpatient oxygen therapy.<\/p>\n\n\n\n
It is important for you to know that, as a veteran with COPD, your VA disability rating will be assigned based not on subjective criteria, such as how short of breath you are or how often you experience coughing episodes, but on graduated calculations that use multiple data points from your tests.<\/p>\n\n\n\n
Simply put, the worse your calculated scores are, the higher your disability rating will be.<\/p>\n\n\n\n
The specific VA disability ratings that you can receive for COPD are:<\/p>\n\n\n\n
\n- 10%<\/li>\n\n\n\n
- 30%<\/li>\n\n\n\n
- 60%<\/li>\n\n\n\n
- 70%<\/li>\n\n\n\n
- 80%<\/li>\n\n\n\n
- 100%<\/li>\n<\/ul>\n\n\n\n
TDIU Benefits for COPD<\/strong><\/h3>\n\n\n\nIn a situation where COPD contributes to keeping you from being able to gain or hold substantially gainful employment, you might still qualify for 100 percent total disability based on individual unemployability, or TDIU<\/a>, even if you do not have a 100 percent VA disability rating (individual or combined).<\/p>\n\n\n\nThere are three ways you might receive TDIU benefits. All require you to be unable to get or keep substantially gainful employment.<\/p>\n\n\n\n
\n- One is if your COPD VA rating is at least 60%.<\/li>\n\n\n\n
- Another possibility is if you have a combined disability rating of at least 70% and any one of the individual disability ratings in your combined rating is at least 40%. To see how multiple disabilities can combine together, see our VA Disability Calculator<\/a>.<\/li>\n\n\n\n
- A third possibility is if you cannot qualify under either of the calculations above, the VA may still award you TDIU benefits based on other considerations.<\/li>\n<\/ul>\n\n\n\n
Have You Been Denied VA Benefits for COPD?<\/strong><\/h2>\n\n\n\nIt is an unfortunate truth that the VA does not always approve benefits claims the first time around. The VA actually denies almost one-third of the claims it receives.<\/p>\n\n\n\n
The good news is these denials are not final in many cases. Often, the difference between an accepted benefits claim and a denied one is simply correcting an error in the original application or providing additional medical evidence for the VA to reconsider.<\/p>\n\n\n\n
The VA has established ways for you to appeal a denied benefit claim. These can be informal, like making a supplemental claim, or they can include a request for reconsideration and a formal hearing before a VA judge.<\/p>\n\n\n\n
Although it is possible to prepare and submit a claim for VA benefits on your own, the VA appeals process can be confusing to navigate on your own. If you need to appeal a denied claim, it is a good idea to work with an experienced VA appeals attorney<\/a>.<\/p>\n\n\n\nSchedule a Free Consultation With an Experienced Veterans Lawyer Today<\/strong><\/h2>\n\n\n\nOur Stone Rose Law military lawyers help military and veterans from all over the nation receive the VA disability compensation they need. We help our clients with all kinds of VA claims, including for chronic obstructive pulmonary disease. When you choose Stone Rose Law, you aren\u2019t just assigned a lawyer. Our entire legal team and support staff will care for your legal matter.<\/p>\n\n\n\n
At Stone Rose Law, we make sure you receive legal counsel and representation you can trust. Call us at (480) 498-8998 or contact us online if you\u2019d like to set up a confidential, complimentary consultation with a veterans law attorney.<\/p>\n\n\n\n
Initial case evaluations are always free, and we are more than happy to answer any questions you have about our history or legal process.<\/p>\n\n\n\n
In the United States, most people with COPD will experience both of these conditions.<\/p>\n\n\n\n <\/p>\n\n\n\n COPD is the product of your respiratory system’s reaction to irritation caused by inhaling toxic air or particulates like dust and sand over time.<\/p>\n\n\n\n For veterans, especially those who served in the Persian Gulf and Afghanistan after September 11, 2001, a common cause of COPD has been burn pit exposure. These pits were used to get rid of refuse materials, which often released toxic fumes when burned.<\/p>\n\n\n\n Other causes of COPD include:<\/p>\n\n\n\n More than one of these can contribute to COPD simultaneously.<\/p>\n\n\n\n <\/p>\n\n\n\n The symptoms of COPD are generally those that you would expect to experience from a lung disease. The early signs of COPD include:<\/p>\n\n\n\n As COPD gets worse, you can experience additional symptoms acute respiratory failure symptoms that include:<\/p>\n\n\n\n The longer you live with COPD, the more it will affect how you live your life as more and more activities like walking, climbing stairs, or even doing simple household chores become harder to do.<\/p>\n\n\n\n Until recently, most veterans with COPD had to prove a service connection to claim VA benefits.<\/p>\n\n\n\n Since October 1, 2023, however, the VA now recognizes burn pit exposure<\/a> as a ground for presumptive disability for veterans suffering from chronic bronchitis and COPD. This presumption can apply if you served in the following places and dates.<\/p>\n\n\n\n If you served in any of these locations, including the airspace above them, you have a presumption of exposure to burn pits or other toxins:<\/p>\n\n\n\n If you served in any of these locations, including the airspace above them, you have a presumption of exposure to burn pits or other toxins:<\/p>\n\n\n\n If you have a COPD diagnosis but do not qualify for a presumptive service connection, you can still make a benefits claim. However, you will need to establish that connection.<\/p>\n\n\n\n To make a service connection, you will need to show that you have a current COPD diagnosis and that your COPD either began or became worse because of your military service. You will also need to establish a medical nexus connection between an event or condition of your service and your current COPD condition.<\/p>\n\n\n\n Your doctor who treats you for your COPD symptoms is often the person you will rely on to write a nexus letter to make the service connection.<\/p>\n\n\n\n In addition to a medical nexus letter, proof of a service connection for COPD can include:<\/p>\n\n\n\n Cigarette smoking is a major contributor to COPD. In fact, there\u2019s a reason the persistent, hacking, mucus-filled cough that COPD sufferers experience is called a “smoker\u2019s cough.<\/em>“<\/p>\n\n\n\n Although it is discouraged today, cigarette smoking was once accepted and commonplace in all branches of the military. The VA used to use a veteran\u2019s history of smoking as grounds to deny claims.<\/p>\n\n\n\n Still, the VA does not automatically deny COPD claims because of past or present cigarette smoking. You can receive COPD-related VA benefits\u2014even as a smoker\u2014if you qualify for a presumptive service connection.<\/p>\n\n\n\n Even if you smoked cigarettes and cannot receive benefits through a presumptive service connection, you may still be able to qualify for a COPD VA rating and VA disability benefits. The key is that you must convince the VA, with medical evidence, that it is at least as likely as not likely that your military service caused your COPD.<\/strong><\/p>\n\n\n\n In other words, you must persuade the VA that the non-smoking contributors to your COPD were as likely as smoking cigarettes led to the condition.<\/p>\n\n\n\n How can you improve your chances of the VA accepting your COPD benefits claim if you are or were a cigarette smoker? Here are a couple of things you can do:<\/p>\n\n\n\n Sometimes chronic obstructive pulmonary disease can be considered a primary condition in combination with a secondary condition that the VA recognizes. If the COPD condition had a medical nexus to another medical condition, this additional disability is based on a secondary service connection.<\/p>\n\n\n\n Examples of disabling conditions<\/a> that can be at least made worse by COPD include sleep apnea, chronic bronchitis, depression, anxiety, asthma, allergic bronchospasms, and lung cancer.<\/p>\n\n\n\n Sometimes the VA will schedule you for a C&P examination as part of your application for COPD VA benefits. The purpose of the exam is for the VA to gather any additional information it needs to decide whether to give you a VA disability rating for your condition and to help assess what your VA disability rating percentage should be.<\/p>\n\n\n\n During a C&P exam, a VA examiner will review your records, ask questions, and possibly have you undergo tests.<\/p>\n\n\n\n A C&P exam is a serious matter. If the VA sets one up for you, you must attend it. Missing a C&P exam can at least delay the VA’s consideration of your application and could even lead to a claim denial.<\/p>\n\n\n\n Sometimes, the VA examiner might draw conclusions that do not support your COPD benefits claim. For example, the VA examiner may believe that you do not have COPD but another respiratory system condition instead, like pulmonary hypertension.<\/p>\n\n\n\n Or, the VA examiner may decide that the evidence you have provided is insufficient to establish a service connection to COPD, presumptive or otherwise.<\/p>\n\n\n\n If this happens, remember that an unfavorable C&P exam is not necessarily the end of your benefits claim. An experienced VA disability benefits attorney can guide you on your options, including having another qualified examiner review your evidence or making a supplemental claim to provide more new and relevant evidence.<\/p>\n\n\n\n If the VA accepts your application for COPD disability benefits, the next step will be for the VA to assign you a disability rating<\/a>. You can receive one of six disability ratings, from as low as 10 percent to as high as 100 percent.<\/p>\n\n\n\n The VA rates COPD based on test measures that measure how much air is in your breath capacity and any cardiac or respiratory limitation. These tests include Forced Expiratory Volume, Forced Vital Capacity, and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method.<\/p>\n\n\n\n You can also be tested for your maximum exercise capacity, like the six-minute walk test. Another factor in the calculation is whether you need outpatient oxygen therapy.<\/p>\n\n\n\n It is important for you to know that, as a veteran with COPD, your VA disability rating will be assigned based not on subjective criteria, such as how short of breath you are or how often you experience coughing episodes, but on graduated calculations that use multiple data points from your tests.<\/p>\n\n\n\n Simply put, the worse your calculated scores are, the higher your disability rating will be.<\/p>\n\n\n\n The specific VA disability ratings that you can receive for COPD are:<\/p>\n\n\n\n In a situation where COPD contributes to keeping you from being able to gain or hold substantially gainful employment, you might still qualify for 100 percent total disability based on individual unemployability, or TDIU<\/a>, even if you do not have a 100 percent VA disability rating (individual or combined).<\/p>\n\n\n\n There are three ways you might receive TDIU benefits. All require you to be unable to get or keep substantially gainful employment.<\/p>\n\n\n\n It is an unfortunate truth that the VA does not always approve benefits claims the first time around. The VA actually denies almost one-third of the claims it receives.<\/p>\n\n\n\n The good news is these denials are not final in many cases. Often, the difference between an accepted benefits claim and a denied one is simply correcting an error in the original application or providing additional medical evidence for the VA to reconsider.<\/p>\n\n\n\n The VA has established ways for you to appeal a denied benefit claim. These can be informal, like making a supplemental claim, or they can include a request for reconsideration and a formal hearing before a VA judge.<\/p>\n\n\n\n Although it is possible to prepare and submit a claim for VA benefits on your own, the VA appeals process can be confusing to navigate on your own. If you need to appeal a denied claim, it is a good idea to work with an experienced VA appeals attorney<\/a>.<\/p>\n\n\n\n Our Stone Rose Law military lawyers help military and veterans from all over the nation receive the VA disability compensation they need. We help our clients with all kinds of VA claims, including for chronic obstructive pulmonary disease. When you choose Stone Rose Law, you aren\u2019t just assigned a lawyer. Our entire legal team and support staff will care for your legal matter.<\/p>\n\n\n\n At Stone Rose Law, we make sure you receive legal counsel and representation you can trust. Call us at (480) 498-8998 or contact us online if you\u2019d like to set up a confidential, complimentary consultation with a veterans law attorney.<\/p>\n\n\n\n Initial case evaluations are always free, and we are more than happy to answer any questions you have about our history or legal process.<\/p>\n\n\n\n<\/figure>\n\n\n\nWhat Causes COPD?<\/strong><\/h2>\n\n\n\n
\n
<\/figure>\n\n\n\nWhat are the Symptoms of COPD?<\/strong><\/h3>\n\n\n\n
\n
\n
What is a Presumptive Disability for COPD?<\/strong><\/h3>\n\n\n\n
Presumptive Exposure on or After August 2, 1990<\/strong><\/h4>\n\n\n\n
\n
Presumptive Exposure on or After September 11, 2001<\/strong><\/h4>\n\n\n\n
\n
How To Establish a Service-Related Connection to COPD<\/strong><\/h3>\n\n\n\n
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Cigarette Smoking and Proving a COPD Service Connection<\/strong><\/h4>\n\n\n\n
\n
What is a Secondary Service Connection for COPD? <\/strong><\/h3>\n\n\n\n
Compensation & Pension (C&P) Exams for COPD<\/strong><\/h3>\n\n\n\n
How Does the VA Rate COPD?<\/strong><\/h2>\n\n\n\n
\n
TDIU Benefits for COPD<\/strong><\/h3>\n\n\n\n
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Have You Been Denied VA Benefits for COPD?<\/strong><\/h2>\n\n\n\n
Schedule a Free Consultation With an Experienced Veterans Lawyer Today<\/strong><\/h2>\n\n\n\n