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?

[Guest]

If you have doubt about any condition that could be service connected or not always check the CFR 38 part 4.

http://ecfr.gpoacces....1.1.5.2.101.46

COPD is ratable under 6604 as John posted.

[GoldFalcon]

Thanks for all of the replies. My claim moved from rating to Notification phase as of Thursday of last week, so I guess I'll find out soon enough. I didn't file for TDIU because my PFT scores automatically rate me as 100% disabled. Or, at least thta's what my SO told me, Guess I'll find out pretty soon when I get that big brown envelope.

[Teac]

Gold,

There is no such rule. I am rated 100% for asthma/COPD . My COPD was diagnosed secondary to asthma in 1986, at age 32 when I was medically boarded for the asthma. i was awarded 30% for the asthma in 1986 by the va, but it was not until 2005 that I actually received service connection for the COPD. In 2007 I went on oxygen and have been rated 100% for my lungs since.

I was told that because I was 32 when diagnosed that I likely was Alpha-1 Antitrypsin Deficiency , but I was never tested ... I was told it really doesn't matter because COPD is COPD.

Don't worry about the rating, I doubt that the va would ever consider revoking the award, for a couple of reasons.

1. You were mecically discharged/retired correct

2. The VA awarded it right after your discharge.. so there can be no question you are entitled fo a rating for COPD based on the evidence at that time,.

3. Presumption that the condition even if not know at time of entry was aggrivated by military service.

Trust me your safe!

The only time service connection for COPD is denied is when it is considered the cause of cigaretter smoking, however their are ways around that rule too.....