How Veterans Can Get a VA Rating for Bronchitis

If you’re a veteran experiencing troubling symptoms of bronchitis including a nagging cough and difficulty breathing, you may find that it affects the quality of your sleep and your life at home and work. If you believe your bronchitis diagnosis was caused by your time in service, you may be eligible for a chronic bronchitis VA rating. 

If you have been diagnosed with bronchitis and believe it was caused by your time in service, read on to learn more about service-connected bronchitis or call us for a free consultation. 

What is bronchitis?

Bronchitis is the inflammation of the bronchial tubes that connect your lungs to your mouth and deliver oxygen to and from your lungs. When your bronchial tubes swell, your airways are narrowed, making it difficult to breathe normally. Most people with bronchitis have a persistent cough and thick mucus. 

Other symptoms of bronchitis include:

• Production of mucus, known as sputum, that can vary in color from clear, white, yellowish-gray, or green – in rare cases mucus may be streaked with blood
• Fatigue
• Shortness of breath
• Low-grade fever
• Chills
• Discomfort in the chest

Bronchitis can be acute or chronic. Acute bronchitis, commonly known as a “chest cold,” usually develops from a virus. When bronchitis is acute, symptoms generally disappear within one week to ten days, but your cough may linger a little longer. 

Chronic bronchitis, however, involves frequent bouts of bronchitis, and unlike acute bronchitis, is characterized by a recurring productive cough (a cough that brings up phlegm or sputum) for more than three months occurring over two years. Chronic bronchitis is considered a type of chronic obstructive pulmonary disease (COPD).

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Bronchitis in veterans

At some point during their service, many veterans are exposed to airborne toxins like asbestos debris, fumes from aircraft exhaust, Agent Orange, sandstorms, or burn pits. When exposure is prolonged, it can lead to serious chronic conditions like bronchitis. Living with chronic bronchitis/COPD can be challenging, making it important for veterans with service-connected bronchitis to seek VA disability compensation. 

Chronic bronchitis VA rating

Chronic bronchitis is rated under diagnostic code 6600. Potential ratings for veterans with service-connected chronic bronchitis are 10%, 30%, 60%, or 100% disabling. 

Your chronic bronchitis VA rating depends on how well your lungs work. Pulmonary function tests (PFTs), including spirometry, may be done to evaluate your disability level. 

Measures resulting from these tests used in VA rating criteria include:

• Forced Vital Capacity (FVC). The percentage of air you exhale following maximum inhalation. 
• Forced Expiratory Volume in 1 Second (FEV1). The liter volume of air you exhale in the first second during forced exhalation. 
• Diffusion Capacity for Carbon Monoxide by the Single Breath Method (DLCO(SB)). The percentage of carbon monoxide you exhale following maximum inhalation. 

The chart below describes the VA ratings for chronic bronchitis:

Description	VA Rating	Monthly payment (vet only)
FEV–1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV–1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy	100%	$3,737.85
FEV–1 of 40- to 55-percent predicted, or; FEV–1/FVC of 40 to 55 percent, or; DLCO (SB) of 40- to 55-percent predicted, or; maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit)	60%	$1,3161.88
FEV–1 of 56- to 70-percent predicted, or; FEV–1/FVC of 56 to 70 percent, or; DLCO (SB) 56- to 65-percent predicted	30%	$524.31
FEV–1 of 71- to 80-percent predicted, or; FEV–1/FVC of 71 to 80 percent, or; DLCO (SB) 66- to 80-percent predicted	10%	$171.23

Conditions related to bronchitis

Veterans with bronchitis may find that they develop obstructive sleep apnea or gastrointestinal reflux disease. These conditions may be related to each other, meaning if you are service connected for one, there’s a chance you could be owed additional monthly compensation from the VA for the other. 

Obstructive sleep apnea (OSA) happens when breathing repeatedly stops during sleep. These pauses are temporary, but will partially wake you up, making it difficult to get quality sleep. Since both bronchitis and OSA involve airway inflammation, they often coexist.

Gastroesophageal reflux disease (GERD), also known as acid reflux disease occurs when stomach acid repeatedly flows back into the esophagus, irritating the lining of the esophagus. The acid that irritates the throat can cause post nasal drip, persistent cough, chest congestion, and lung inflammation that can lead to bronchitis.

The PACT Act and bronchitis

Thanks to the PACT Act, veterans with chronic bronchitis who were exposed to burn pits during service may be eligible for a presumptive service-connection for their condition. This means that if a veteran was exposed to burn pits and they meet the time and place eligibility requirements, the VA will assume their service caused their chronic bronchitis without the veteran having to provide a medical “nexus.”

VA disability lawyer Lori Underwood said, “Prior to the PACT Act, we know a lot of claims associated with burn pits were denied. The medical research just wasn’t there yet for a presumption to be granted by the VA. Over the years, as the advocates for these presumptives continued to pound the pavement and the medical advances were made, it became clear that there were conditions that the VA was going to be able to presume to be related to these burn pits.” 

Chronic bronchitis caused by mustard gas and Lewisite exposure

Veterans exposed to mustard gas and Lewisite in service who later developed chronic bronchitis may be eligible for benefits based on that exposure.  

Veterans eligible for benefits based on full body exposure to mustard gas or Lewisite may include those who:

• Were exposed to these vesicant or blistering agents
  • During field or chamber testing
  • Under battlefield conditions in World War I
• Were present at the German air raid on the harbor of Bari, Italy in WWII
• Engaged in the manufacturing, handling, or destruction of vesicant agents during military service, OR
• Demolished or handled explosive ordinance while serving in Operation Iraqi Freedom

If a veteran meets at least one of the criteria above and has been diagnosed with chronic bronchitis, a presumptive service connection is likely to be established. 

TDIU for respiratory issues like chronic bronchitis

As bronchitis progresses, it can become harder and harder to breathe normally. As your lungs become more injured, your cough becomes more persistent and you may struggle with exhaustion from sleep problems. Sleep issues can affect mood, focus, and your ability to work well with customers, clients, or coworkers. Whether you work at a job that is sedentary or physical, chronic bronchitis and other respiratory issues can make it very difficult to work. 

For veterans who are unable to hold down gainful employment due to service-connected conditions, total disability based on individual unemployability (TDIU) may be available. TDIU is a monthly benefit that compensates veterans at the same level as a 100% rating, ($3,737.85 a month!) without the requirement of receiving a 100% rating. 

To receive TDIU, a veteran must typically:

• Have at least one service-connected disability rated at least 60%, OR
• Two or more service-connected disabilities with a combined rating of 70% or more, including one single disability rated at 40% or more

How Woods and Woods can help

Respiratory claims are common among veterans and can be confusing, but you don’t have to do it alone. The experienced VA accredited attorneys at Woods and Woods are here to guide you through the process of submitting a claim for a bronchitis VA rating.  If you’re filing a new claim or your claim has already been denied, give us a call. Legal consultations are free, and you only pay us if we take your case and win.

Talk to Us About Your Claim: 
(812) 426-7200

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