Service Connection And Copd

[GoldFalcon]

I was medically discharged from the Army in August of 2001 due to an undiagnosed lung/heart condition. In 2002 I received a diagnosis of Alpha-1 Antitrypsin Deficiency --a genetic defect which causes early onset emphysema. On the advice of my brother-in-law (a VVA VSO) I filed for VA service connection for that condition and a couple of others that I had incurred during my 7 1/2 years as a paratrooper. After 12 months I received a rating. Service connection was denied for the A1ATD, but rated 30% for pulmonary emphysema. I received 20% service connection for the other issues, bringing my total service connected disability to 50%. After spending a total of six months in the hospital in 2009, the emphysema left me unable to work. I filed for an increase and assumed (given the fact that my pulmonary function test was well below 40%) that I would receive a 100% rating. I filed for the increase the 4th of February, 2010 and have been told by the VA that my claim is currently at the final rater and should be done by 17 March, 2011.

Today I was doing some research on emphysema generally and came across more than a few threads on several forums that stated in no uncertain terms that it is against the law for the VA to grant service-connection for COPD.

My questions are these: if it is against the law, how did I get service connection back in 2002? And, since I already have service connection, could the current rater reverse the previous rater and revoke my service connection?

The $900 a month I get from the VA is my only source of income as I can no longer work. Also, if I lose my service connection I would lose my medical benefits which are, quite literally, the only thing keeping me alive.

I've been freaking out a little since stumbling on the threads an hour ago. How worried should I be?

[jbasser]

Falcon,. check out the presumption of soundness rule when you enlisted.

You may have had a genetic condition , how ever if it was not diagnosed until the service then you may be able to argue that the condition was service connectable. At least if service aggravated your condition.

Whoever stated that the VA cannot service connect COPD is wrong.

There are also secondary conditions that are connectable if you have them.

Diagnostic code 6604

Chronic obstructive pulmonary disease:

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

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

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

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

J

Edited March 5, 2011 by jbasser

[Berta]

http://www4.va.gov/vetapp10/files3/1029203.txt

ORDER

Service connection for COPD is granted. (This is a Fairly recent BVA decision)

"I've been freaking out a little since stumbling on the threads an hour ago. How worried should I be?"

There is much misinformation on the net. If they don't give a citation or link for what they post, it is probably wrong info.

Have you applied for TDIU? I assume you formally applied for temporary comp for convalescence.

And for Social Security Disability benefits?

[john999]

You may have read that COPD due to tobacco use can't be SC'ed. I don't even believe that is true. Were you a smoker? You were in the service for 7 years before the military discovered you had a genetic disease? That sounds like a bunch of BS. Your service could have aggravated the genetic condition even if we grant the military and VA's weird decision.

[vet12]

I have a service connection for COPD for 0%. vet12

[LarryJ]

Like the other responses here, no they will not decrease your % rating.

When you filed for an increase, did you in all actuality file for what is called TDIU (Total Disability due to Individual Unemployability)?

[militarynurse]

The VA will often request a PFT as part of the C&P exam for COPD...however, as alternative a fingertip pulse oximetry test may suffice. Generally, if your SPO2 is below 90%, you are put on outpatient oxygen therapy which "should" qualify you for the 100% rating.

I hope that helps.