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Home > Practice Areas > Understanding VA Disability Ratings for Respiratory and Lung Conditions

Understanding VA Disability Ratings for Respiratory and Lung Conditions

Breathing problems are among the most common service-connected disabilities veterans face. Years of exposure to burn pits, dust, jet exhaust, and chemical agents can lead to chronic respiratory diseases that often don’t appear until long after separation. VA now recognizes this reality, offering disability compensation for a wide range of respiratory conditions that began or worsened due to military service.

If your respiratory claim was denied or rated lower than it should be, our team at Capovilla & Williams can help you appeal or build a stronger case. We represent service members and veterans nationwide, and we’re prepared to get you the compensation you earned. Call 866-951-0466 or contact us via our consultation form. There’s no out-of-pocket cost for our help with VA disability cases.

What Counts as a Respiratory Disability for VA Benefits?

The VA recognizes a wide range of respiratory illnesses and diseases that may be directly connected to military service or aggravated by service-related exposure. Below are some of the most common qualifying conditions listed under 38 C.F.R. § 4.97, the M21-1 manual, and related VA guidance:

  • Asthma
  • Chronic Obstructive Pulmonary Disease (COPD)
  • Chronic Bronchitis
  • Sinusitis and rhinitis (especially linked to dust and burn pit exposure)
  • Emphysema
  • Bronchiectasis
  • Interstitial Lung Disease (ILD)
  • Pulmonary Fibrosis
  • Constrictive Bronchiolitis
  • Sleep Apnea (secondary to respiratory conditions)
  • Lung cancer and other respiratory cancers
  • Granulomatous disease

In summary, if your breathing problems began or worsened because of your military service—or if you were exposed to burn pits, chemical fumes, or dust—you may qualify for VA disability compensation under 38 U.S.C. § 1110 and 38 C.F.R. § 4.97. The key is strong medical evidence showing diagnosis, service connection, and the impact on your lung function.

Burn Pit Exposure and the PACT Act

Under the PACT Act, you no longer have to prove individual exposure to get VA benefits for many respiratory conditions related to burn pits and airborne hazards.

If you served in Iraq, Afghanistan, or other parts of Southwest Asia, there’s a good chance you were exposed to burn pits—massive open-air fires used by the U.S. military to dispose of everything from fuel and plastics to medical waste and vehicle waste.

For years, service members breathed in toxic smoke, particulate matter, and chemical agents, often without protective gear or without warning of the long-term risks. Those exposures have since been linked to serious and chronic respiratory conditions such as asthma, COPD, pulmonary fibrosis, sinusitis, and even lung cancer.

The Department of Veterans Affairs now formally recognizes this link through the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022.

Does It Matter If You Were Injured On or Off Duty?

Put simply, no, it doesn’t matter whether your respiratory condition developed on base, in a combat zone, or years after separation. What matters is whether the condition arose during your period of military service or was made worse by service-related exposure.

Under 38 U.S.C. § 1110 and 38 C.F.R. § 3.303(a), the Department of Veterans Affairs awards compensation for any disability “resulting from personal injury suffered or disease contracted in line of duty.” In other words, the VA looks at when and how the condition began, not whether it happened during combat or an official military task.

Even if your symptoms started long after returning home, your claim can still be service-connected if credible evidence links the condition to in-service events, duties, or environmental exposure.

Here’s an example: If you developed chronic bronchitis years after serving in Iraq or Afghanistan, the VA may still grant service connection if your medical records, deployment history, or Burn Pit Registry data support exposure to airborne toxins during deployment.

The only major exception is willful misconduct, for example, if the disability resulted from intentional wrongdoing or substance abuse. Those cases are extremely rare and clearly defined under 38 C.F.R. § 3.301.

When Does the Respiratory Diagnosis Have to Happen—and Who Can Make It?

Your respiratory condition doesn’t have to be diagnosed while you’re still in the military. What matters is that a qualified medical professional (VA or private doctor) confirms you have it and links it to your service.

This rule is especially important for respiratory conditions, which don’t always appear overnight. Many veterans breathe in toxic particles or chemical agents for years before symptoms begin. The VA recognizes that these illnesses often develop gradually, sometimes long after separation.

Here’s what to know about timing and eligibility:

  1. Diagnosed During Service

If your respiratory condition was diagnosed while on active duty, establishing service connection is typically straightforward. The VA will review your service treatment records (STRs) under 38 C.F.R. § 3.303(b) to confirm the in-service onset or aggravation of the condition.

  1. Diagnosed After Service

Most veterans are diagnosed after separation, often through VA or private medical care. That does not disqualify you. Under 38 C.F.R. § 3.303(d), post-service diagnoses can still be connected to military service if evidence shows the disease was incurred in service or results from an in-service event or exposure.

  1. Chronic or Latent Conditions

Many respiratory diseases, like pulmonary fibrosis, constrictive bronchiolitis, and COPD, develop years after initial exposure. The VA recognizes these as chronic conditions, meaning that a delayed diagnosis doesn’t prevent compensation if the link to service is supported by medical or scientific evidence.

  1. Presumptive Conditions and the PACT Act

The PACT Act expanded presumptive service connection for respiratory conditions related to burn pits and airborne hazards in deployment zones such as Iraq, Afghanistan, and Southwest Asia. For these presumptive conditions, veterans don’t have to prove exposure. Instead, the VA presumes it based on service locations and dates.

Common presumptive respiratory conditions now include:

  • Asthma diagnosed after service
  • Chronic bronchitis
  • COPD
  • Pulmonary fibrosis
  • Emphysema
  1. Importance of Documentation

The key to a strong claim is medical evidence. Whether the diagnosis was made in a combat hospital, a stateside clinic, or years later by a civilian pulmonologist, what matters most is documentation showing:

  • A current diagnosis
  • Exposure or aggravation during service
  • A medical nexus linking the two

What Evidence Do You Need to Prove a Respiratory VA Disability Claim?

VA Disability Ratings for Respiratory Conditions

The VA assigns percentage ratings for respiratory conditions in increments of 0%, 10%, 30%, 60%, and 100% depending on test results, symptoms, and treatment requirements. The schedule of ratings under Diagnostic Codes 6600–6845 covers conditions such as chronic bronchitis, asthma, COPD, emphysema, pulmonary fibrosis, and restrictive lung diseases.

How Does the VA Determine Your Rating?

The VA uses pulmonary function tests (PFTs) to measure your lung capacity and airflow. The most important measurements are:

  • FEV-1 (Forced Expiratory Volume in one second) – How much air you can forcefully exhale in one second
  • FVC (Forced Vital Capacity) – The total amount of air you can exhale after taking a deep breath
  • FEV-1/FVC ratio – The relationship between these two measurements

Your percentage is determined by comparing your test results to predicted values based on your height, age, and gender. Lower test results mean higher disability ratings.

The VA also considers:

  • Frequency and severity of respiratory attacks requiring emergency care
  • Need for daily medication or inhaler use
  • Chronic respiratory failure requiring oxygen therapy
  • Impact on your ability to work and perform daily activities

The following table gives a simplified overview of how respiratory conditions are typically rated:

VA Rating Typical Criteria (38 C.F.R. § 4.97) Functional Impact
0% (Non-compensable) Minimal symptoms; PFT results near normal limits; no ongoing medication required Condition acknowledged but not severe enough to limit daily activity
10%–30% Mild to moderate limitation in FEV-1 or FEV-1/FVC ratio; occasional inhaler use or episodic symptoms Minor reduction in endurance or exertional tolerance
50%–60% Marked impairment on PFTs; frequent attacks or continuous medication use (such as corticosteroids or bronchodilators) Noticeable impact on ability to perform physical tasks or maintain employment
100% FEV-1 less than 40% predicted, DLCO (diffusion capacity) severely reduced, or need for oxygen therapy Total occupational and social impairment due to respiratory failure or oxygen dependency

In short, the higher your respiratory impairment on medical testing, and the greater its impact on your daily activities, the higher your VA disability rating will be under 38 C.F.R. § 4.97.

What If You Have Multiple Respiratory Conditions?

If you’re service-connected for more than one respiratory issue—say, asthma and COPD—the VA won’t simply add the percentages together. Instead, they apply the Combined Ratings Table under 38 C.F.R. § 4.25, which accounts for the overall loss of efficiency rather than stacking percentages.

In practice, this means a 60% rating for COPD and a 30% for sinusitis doesn’t equal 90%. Instead, the combined rating would be around 72%, rounded down to 70%.

The combined rating can be complex and is often miscalculated by the VA. Having an experienced attorney review your file can make a significant difference in ensuring the numbers reflect the full impact of your condition.

How Capovilla & Williams Can Help

The VA claims process can be frustrating, even for the most disciplined veterans. You’ve done your job. You’ve served your country. You shouldn’t have to fight the system alone just to get fair recognition for a service-connected respiratory condition.

Here’s what we do for our clients:

  • Review your service and medical records for missed evidence of exposure or aggravation;
  • Work with medical experts to strengthen your nexus opinion and connect your diagnosis to service;
  • File appeals or request rating increases when the VA undervalues your condition;
  • Ensure your combined ratings are correctly calculated under 38 C.F.R. § 4.25.

You’ve already carried the weight of your service. Let our team at Capovilla & Williams carry the weight of your claim.

Call 866-951-0466 or fill out our contact form for a consultation. Veterans pay no out-of-pocket costs for our help with VA disability cases.

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