Almost 30% of all disability claims are denied by Veterans Affairs (VA) every year. Worse yet, nearly 60% of these denials are in error. These are staggering statistics for veterans who have been waiting for months to get the money they need for their medical care — especially when this medical care is for serious diseases such as COPD, which can cause life-long issues, irreversible lung damage, and extensive breathing problems. VA disability for COPD is crucial for veterans with this disease to cover their expenses.
Although these situations can be incredibly overwhelming and stressful, you do not have to take on this challenging ordeal on your own. With an experienced Veteran Disability attorney on your side, you can have the legal representation you need advocating on your behalf, fighting for the compensation you deserve, and providing you the legal assistance you require during this difficult time in your life.
Veterans’ disability claims for COPD can be denied for numerous reasons. However, some of the more common denials tend to stem from the following situations:
However, even if you received a denial for your veteran COPD claim, it does not mean that it is the end of the road for your case. In these situations, it is important to retain experienced legal counsel that can help you overcome these barriers and convince the VA to approve your claim.
Chronic obstructive pulmonary disease (COPD) is generally defined as a chronic inflammatory disease of the lungs that causes obstructed airflow. Symptoms of this disease often include:
This disease is typically caused by long-term exposure to certain matter such as dust or sand or irritating gases such as cigarette smoke. Plus, it can also cause an increased risk of developing other serious diseases such as heart disease and lung cancer.
The VA rates COPD based on the results of various respiratory functioning tests. These tests include:
Once the tests are completed, the VA rates an individual’s COPD under the regulations and the ratings that result can range anywhere from 10 to 100% disabling. These percentages are then used to compensate veterans for the lack of earning capacity that is caused by their COPD condition. For example, if a veteran receives a rating of less than 10%, the veteran will not qualify for compensation, resulting in the VA denying their COPD disability claim.
COPD can result from numerous causes, including long-term exposure to air pollution, secondhand smoke, fumes, dust, and even chemicals. However, when it comes to service-related COPD, this disease tends to develop from:
Generally, those who served in Iraq and Afghanistan are more likely than others to file for VA disability benefits, as many of these veterans have been exposed to conditions that can often lead to service-related COPD.
If you are filing for disability based on your service-related COPD, you will first need to provide several pieces of documents and evidence not only proving your condition but also showing how there is a connection between the disease and your military service.
Typically, these documents include the following:
Remember, you do not need to show that your COPD was caused because of a direct military order. For instance, even if you were not ordered to work in the burn pits but still developed COPD because you slept near them, this is often enough to be able to file for disability.
The rating a veteran will receive for COPD greatly depends on the severity of their condition and how badly the veteran’s COPD impacts their day-to-day life. Based on these factors, COPD could result in a rating anywhere from 10% to 100%.
The 6-minute walk test is an exercise test that measures the impact of COPD on a patient’s oxygen levels. During this test, the patient will walk at a normal pace for 6 minutes, and afterward, their oxygen levels and other biometrics will be compared with their levels at the beginning of the test.
Proving service connection for COPD is not as difficult as with some other conditions. There are certain causes (such as Agent Orange) that have already been documented to cause COPD, so if you can prove your interaction with these substances that might be enough.
A Veteran Disability Lawyer’s role is to assist you throughout the confusing and often frustrating claim appeals process if you have received a denial of benefits for your service-connected COPD. Generally, you need to be denied at least once before an attorney can assist, but once a lawyer is involved they will often be able to quickly determine what needs to be done in order to prove entitlement.
If your VA disability claim for COPD has been denied, be sure to contact the VA Accredited Attorneys at VetLaw right away to help make sure you get the entitlement you deserve.