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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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*Jimka2

compleated claim

Question

 What is the usual time frame for a   fully developed  completed disability claim to be approved?

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My nephew's case took nine months start to finish.  Mine took ten years.

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    Thank you Vetquest. I already have a 30% rating for abestos in both lungs, after serving  on several diesel boats.(submarines ), Was offered Quartermaster First Class if I shipped over

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To VetQuest,I wanted nothing to do with the Nuke boats. Recent tests require 100% oxygen and breating tests numbers were below the 100% requirement ,(below 50) Mine were 44. Hope I do not have to wait so many months for a decision.  Thank you very much for your fast reply. Jim

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*Jimka2

you might want to check this respiratory rating chart out  if you have not already did so?

(scroll around the mid sections) Bacterial Infections of the Lung

Rating
DISEASES OF THE NOSE AND THROAT
6502   Septum, nasal, deviation of:  
Traumatic only,  
With 50-percent obstruction of the nasal passage on both sides or complete obstruction on one side 10
6504   Nose, loss of part of, or scars:  
Exposing both nasal passages 30
Loss of part of one ala, or other obvious disfigurement 10
Note: Or evaluate as DC 7800, scars, disfiguring, head, face, or neck.  
6510   Sinusitis, pansinusitis, chronic.  
6511   Sinusitis, ethmoid, chronic.  
6512   Sinusitis, frontal, chronic.  
6513   Sinusitis, maxillary, chronic.  
6514   Sinusitis, sphenoid, chronic.  
General Rating Formula for Sinusitis (DC's 6510 through 6514):  
Following radical surgery with chronic osteomyelitis, or; near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries 50
Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 30
One or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 10
Detected by X-ray only 0
Note: An incapacitating episode of sinusitis means one that requires bed rest and treatment by a physician.  
6515   Laryngitis, tuberculous, active or inactive.  
Rate under §§4.88c or 4.89, whichever is appropriate.  
6516   Laryngitis, chronic:  
Hoarseness, with thickening or nodules of cords, polyps, submucous infiltration, or pre-malignant changes on biopsy 30
Hoarseness, with inflammation of cords or mucous membrane 10
6518   Laryngectomy, total. 1100
Rate the residuals of partial laryngectomy as laryngitis (DC 6516), aphonia (DC 6519), or stenosis of larynx (DC 6520).  
6519   Aphonia, complete organic:  
Constant inability to communicate by speech 1100
Constant inability to speak above a whisper 60
Note: Evaluate incomplete aphonia as laryngitis, chronic (DC 6516).  
6520   Larynx, stenosis of, including residuals of laryngeal trauma (unilateral or bilateral):  
Forced expiratory volume in one second (FEV-1) less than 40 percent of predicted value, with Flow-Volume Loop compatible with upper airway obstruction, or; permanent tracheostomy 100
FEV-1 of 40- to 55-percent predicted, with Flow-Volume Loop compatible with upper airway obstruction 60
FEV-1 of 56- to 70-percent predicted, with Flow-Volume Loop compatible with upper airway obstruction 30
FEV-1 of 71- to 80-percent predicted, with Flow-Volume Loop compatible with upper airway obstruction 10
Note: Or evaluate as aphonia (DC 6519).  
6521   Pharynx, injuries to:  
Stricture or obstruction of pharynx or nasopharynx, or; absence of soft palate secondary to trauma, chemical burn, or granulomatous disease, or; paralysis of soft palate with swallowing difficulty (nasal regurgitation) and speech impairment 50
6522   Allergic or vasomotor rhinitis:  
With polyps 30
Without polyps, but with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side 10
6523   Bacterial rhinitis:  
Rhinoscleroma 50
With permanent hypertrophy of turbinates and with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side 10
6524   Granulomatous rhinitis:  
Wegener's granulomatosis, lethal midline granuloma 100
Other types of granulomatous infection 20
DISEASES OF THE TRACHEA AND BRONCHI
6600   Bronchitis, chronic:  
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 10
6601   Bronchiectasis:  
With incapacitating episodes of infection of at least six weeks total duration per year 100
With incapacitating episodes of infection of four to six weeks total duration per year, or; near constant findings of cough with purulent sputum associated with anorexia, weight loss, and frank hemoptysis and requiring antibiotic usage almost continuously 60
With incapacitating episodes of infection of two to four weeks total duration per year, or; daily productive cough with sputum that is at times purulent or blood-tinged and that requires prolonged (lasting four to six weeks) antibiotic usage more than twice a year 30
Intermittent productive cough with acute infection requiring a course of antibiotics at least twice a year 10
Or rate according to pulmonary impairment as for chronic bronchitis (DC 6600).  
Note: An incapacitating episode is one that requires bedrest and treatment by a physician.  
6602   Asthma, bronchial:  
FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than 40 percent, or; more than one attack per week with episodes of respiratory failure, or; requires daily use of systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications 100
FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55 percent, or; at least monthly visits to a physician for required care of exacerbations, or; intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids 60
FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70 percent, or; daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication 30
FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80 percent, or; intermittent inhalational or oral bronchodilator therapy 10
Note: In the absence of clinical findings of asthma at time of examination, a verified history of asthmatic attacks must be of record.  
6603   Emphysema, pulmonary:  
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 10
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 10
DISEASES OF THE LUNGS AND PLEURA—TUBERCULOSIS
Ratings for Pulmonary Tuberculosis Entitled on August 19, 1968
6701   Tuberculosis, pulmonary, chronic, far advanced, active 100
6702   Tuberculosis, pulmonary, chronic, moderately advanced, active 100
6703   Tuberculosis, pulmonary, chronic, minimal, active 100
6704   Tuberculosis, pulmonary, chronic, active, advancement unspecified 100
6721   Tuberculosis, pulmonary, chronic, far advanced, inactive  
6722   Tuberculosis, pulmonary, chronic, moderately advanced, inactive  
6723   Tuberculosis, pulmonary, chronic, minimal, inactive  
6724   Tuberculosis, pulmonary, chronic, inactive, advancement unspecified  
General Rating Formula for Inactive Pulmonary Tuberculosis: For two years after date of inactivity, following active tuberculosis, which was clinically identified during service or subsequently 100
Thereafter for four years, or in any event, to six years after date of inactivity 50
Thereafter, for five years, or to eleven years after date of inactivity 30
Following far advanced lesions diagnosed at any time while the disease process was active, minimum 30
Following moderately advanced lesions, provided there is continued disability, emphysema, dyspnea on exertion, impairment of health, etc 20
Otherwise 0
Note (1): The 100-percent rating under codes 6701 through 6724 is not subject to a requirement of precedent hospital treatment. It will be reduced to 50 percent for failure to submit to examination or to follow prescribed treatment upon report to that effect from the medical authorities. When a veteran is placed on the 100-percent rating for inactive tuberculosis, the medical authorities will be appropriately notified of the fact, and of the necessity, as given in footnote 1 to 38 U.S.C. 1156 (and formerly in 38 U.S.C. 356, which has been repealed by Public Law 90-493), to notify the Veterans Service Center in the event of failure to submit to examination or to follow treatment.  
Note (2): The graduated 50-percent and 30-percent ratings and the permanent 30 percent and 20 percent ratings for inactive pulmonary tuberculosis are not to be combined with ratings for other respiratory disabilities. Following thoracoplasty the rating will be for removal of ribs combined with the rating for collapsed lung. Resection of the ribs incident to thoracoplasty will be rated as removal.  
Ratings for Pulmonary Tuberculosis Initially Evaluated After August 19, 1968
6730   Tuberculosis, pulmonary, chronic, active 100
Note: Active pulmonary tuberculosis will be considered permanently and totally disabling for non-service-connected pension purposes in the following circumstances:  
(a) Associated with active tuberculosis involving other than the respiratory system.  
(b) With severe associated symptoms or with extensive cavity formation.  
(c) Reactivated cases, generally.  
(d) With advancement of lesions on successive examinations or while under treatment.  
(e) Without retrogression of lesions or other evidence of material improvement at the end of six months hospitalization or without change of diagnosis from “active” at the end of 12 months hospitalization. Material improvement means lessening or absence of clinical symptoms, and X-ray findings of a stationary or retrogressive lesion.  
6731   Tuberculosis, pulmonary, chronic, inactive:  
Depending on the specific findings, rate residuals as interstitial lung disease, restrictive lung disease, or, when obstructive lung disease is the major residual, as chronic bronchitis (DC 6600). Rate thoracoplasty as removal of ribs under DC 5297.  
Note: A mandatory examination will be requested immediately following notification that active tuberculosis evaluated under DC 6730 has become inactive. Any change in evaluation will be carried out under the provisions of §3.105(e).  
6732   Pleurisy, tuberculous, active or inactive:  
Rate under §§4.88c or 4.89, whichever is appropriate.  
NONTUBERCULOUS DISEASES
6817   Pulmonary Vascular Disease:  
Primary pulmonary hypertension, or; chronic pulmonary thromboembolism with evidence of pulmonary hypertension, right ventricular hypertrophy, or cor pulmonale, or; pulmonary hypertension secondary to other obstructive disease of pulmonary arteries or veins with evidence of right ventricular hypertrophy or cor pulmonale 100
Chronic pulmonary thromboembolism requiring anticoagulant therapy, or; following inferior vena cava surgery without evidence of pulmonary hypertension or right ventricular dysfunction 60
Symptomatic, following resolution of acute pulmonary embolism 30
Asymptomatic, following resolution of pulmonary thromboembolism 0
Note: Evaluate other residuals following pulmonary embolism under the most appropriate diagnostic code, such as chronic bronchitis (DC 6600) or chronic pleural effusion or fibrosis (DC 6844), but do not combine that evaluation with any of the above evaluations.  
6819   Neoplasms, malignant, any specified part of respiratory system exclusive of skin growths 100
Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals.  
6820   Neoplasms, benign, any specified part of respiratory system. Evaluate using an appropriate respiratory analogy.  
Bacterial Infections of the Lung
6822   Actinomycosis.  
6823   Nocardiosis.  
6824   Chronic lung abscess.  
General Rating Formula for Bacterial Infections of the Lung (diagnostic codes 6822 through 6824):  
Active infection with systemic symptoms such as fever, night sweats, weight loss, or hemoptysis 100
Depending on the specific findings, rate residuals as interstitial lung disease, restrictive lung disease, or, when obstructive lung disease is the major residual, as chronic bronchitis (DC 6600).  
Interstitial Lung Disease
6825   Diffuse interstitial fibrosis (interstitial pneumonitis, fibrosing alveolitis).  
6826   Desquamative interstitial pneumonitis.  
6827   Pulmonary alveolar proteinosis.  
6828   Eosinophilic granuloma of lung.  
6829   Drug-induced pulmonary pneumonitis and fibrosis.  
6830   Radiation-induced pulmonary pneumonitis and fibrosis.  
6831   Hypersensitivity pneumonitis (extrinsic allergic alveolitis).  
6832   Pneumoconiosis (silicosis, anthracosis, etc.).  
6833   Asbestosis.  
General Rating Formula for Interstitial Lung Disease (diagnostic codes 6825 through 6833):  
Forced Vital Capacity (FVC) less than 50-percent predicted, 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 cardiorespiratory limitation, or; cor pulmonale or pulmonary hypertension, or; requires outpatient oxygen therapy 100
FVC of 50- to 64-percent predicted, or; DLCO (SB) of 40- to 55-percent predicted, or; maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation 60
FVC of 65- to 74-percent predicted, or; DLCO (SB) of 56- to 65-percent predicted 30
FVC of 75- to 80-percent predicted, or; DLCO (SB) of 66- to 80-percent predicted 10
Mycotic Lung Disease
6834   Histoplasmosis of lung.  
6835   Coccidioidomycosis.  
6836   Blastomycosis.  
6837   Cryptococcosis.  
6838   Aspergillosis.  
6839   Mucormycosis.  
General Rating Formula for Mycotic Lung Disease (diagnostic codes 6834 through 6839):  
Chronic pulmonary mycosis with persistent fever, weight loss, night sweats, or massive hemoptysis 100
Chronic pulmonary mycosis requiring suppressive therapy with no more than minimal symptoms such as occasional minor hemoptysis or productive cough 50
Chronic pulmonary mycosis with minimal symptoms such as occasional minor hemoptysis or productive cough 30
Healed and inactive mycotic lesions, asymptomatic 0
Note: Coccidioidomycosis has an incubation period up to 21 days, and the disseminated phase is ordinarily manifest within six months of the primary phase. However, there are instances of dissemination delayed up to many years after the initial infection which may have been unrecognized. Accordingly, when service connection is under consideration in the absence of record or other evidence of the disease in service, service in southwestern United States where the disease is endemic and absence of prolonged residence in this locality before or after service will be the deciding factor.  
Restrictive Lung Disease
6840   Diaphragm paralysis or paresis.  
6841   Spinal cord injury with respiratory insufficiency.  
6842   Kyphoscoliosis, pectus excavatum, pectus carinatum.  
6843   Traumatic chest wall defect, pneumothorax, hernia, etc.  
6844   Post-surgical residual (lobectomy, pneumonectomy, etc.).  
6845   Chronic pleural effusion or fibrosis.  
General Rating Formula for Restrictive Lung Disease (diagnostic codes 6840 through 6845):  
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 10
Or rate primary disorder.  
Note (1): A 100-percent rating shall be assigned for pleurisy with empyema, with or without pleurocutaneous fistula, until resolved.  
Note (2): Following episodes of total spontaneous pneumothorax, a rating of 100 percent shall be assigned as of the date of hospital admission and shall continue for three months from the first day of the month after hospital discharge.  
Note (3): Gunshot wounds of the pleural cavity with bullet or missile retained in lung, pain or discomfort on exertion, or with scattered rales or some limitation of excursion of diaphragm or of lower chest expansion shall be rated at least 20-percent disabling. Disabling injuries of shoulder girdle muscles (Groups I to IV) shall be separately rated and combined with ratings for respiratory involvement. Involvement of Muscle Group XXI (DC 5321), however, will not be separately rated.  
6846   Sarcoidosis:  
Cor pulmonale, or; cardiac involvement with congestive heart failure, or; progressive pulmonary disease with fever, night sweats, and weight loss despite treatment 100
Pulmonary involvement requiring systemic high dose (therapeutic) corticosteroids for control 60
Pulmonary involvement with persistent symptoms requiring chronic low dose (maintenance) or intermittent corticosteroids 30
Chronic hilar adenopathy or stable lung infiltrates without symptoms or physiologic impairment 0
Or rate active disease or residuals as chronic bronchitis (DC 6600) and extra-pulmonary involvement under specific body system involved  
6847   Sleep Apnea Syndromes (Obstructive, Central, Mixed):  
Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100
Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50
Persistent day-time hypersomnolence 30
Asymptomatic but with documented sleep disorder breathing 0

1Review for entitlement to special monthly compensation under §3.350 of this chapter.

[61 FR 46728, Sept. 5, 1996, as amended at 71 FR 28586, May 17, 2006]

 

Edited by Buck52

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