Lung nodules — or pulmonary nodules — are small growths that can develop in the lungs. By definition, nodules are no larger than about one and a quarter inch across. Anything bigger than that is considered a mass. Lung nodules are very common—every year millions of people, including many Veterans, are diagnosed with lung nodules.
Although lung nodules may not cause any significant medical issues and may even go away on their own (especially if the root cause was an infection), they can also cause serious symptoms such as:
- Shortness of breath
- Chest pains
- Functional limits at work or in daily life
The seriousness of lung nodules depends on many factors. The most significant factors are the number of your nodules and their size. Additional factors depend on the answers to these questions: How old are you? Does cancer of any type run in your family? Have you been exposed to asbestos or radon? Have you ever smoked or vaped? And most importantly for VA disability benefits, during your military service, were you exposed to airborne hazards such as burn pits; sand, dust, and particulates; asbestos; jet fuel and solvents; or industrial fumes?
If you developed lung nodules that were caused or made worse by your military service, you may be eligible for VA disability benefits. As it is for all VA disability claims, to be eligible you must provide evidence of a current diagnosed disability. You must also show a direct “service-connection”, that is that your respiratory impairments were caused or made worse by your time in the service. A health care provider typically writes a nexus letter to present to the VA. The doctor should include a clear medical opinion that it is “at least as likely as not” that the condition is related to your military service.
The VA rates tumors of the lungs using the Diagnostic Code 6820 (Neoplasms, benign, any specified part of the respiratory system), with ratings ranging from 0% to 100%. However, DC 6820 does not contain specific rating percentages. Instead, the VA must rate the condition by analogy to another respiratory condition.
These are the ratings if lung nodules are rated under Chronic Bronchitis (DC 6600):
- 100% rating: 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
- 60% rating: FEV-1 of 40–55% 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)
- 30% rating: FEV-1 of 56–70% predicted, or FEV-1/FVC of 56–70%; or, DLCO (SB) 56- to 65-percent predicted
- 10% rating: FEV-1 of 71–80% predicted, or FEV-1/FVC of 66–80%; or; DLCO (SB) 66- to 80-percent predicted
*FEV-1 (Forced Expiratory Volume in 1 second measures the volume of air exhaled during the first second of a forced breath, serving as a critical spirometry metric for diagnosing lung diseases like COPD and asthma. A normal FEV1/FVC ratio is typically (70%) in adults, with lower values indicating airflow obstruction.
For Veterans who have served at least 90 days in the military, there are medical conditions that, by law, are assumed to be service connected. This is known as presumptive service connection which makes qualifying for VA disability is a little easier than filing under a direct service connection. Presumptive service connection means that the VA has ruled that an impairment is automatically considered to be service connected, no matter when the condition first appeared. Presumptive service connection is available for POWs who acquired certain illnesses after being confined for more than 30 days, certain chronic health conditions such as infectious diseases acquired after serving in the Gulf War, and for certain cancers due to exposure to hazardous chemicals like Agent Orange. Medical evidence of the diagnosis is still required, and you must prove that the condition occurred within the presumed time period.
The 2022 PACT Act significantly expanded presumptive service connection for Veterans exposed to toxic hazards in certain locations and at certain times. While lung nodules by themselves are not a presumptive condition under the PACT, certain respiratory conditions related to lung nodules are (e.g. tuberculosis, bronchitis, COPD, and certain lung cancers).
The VA presumes service connection for specific listed conditions, such as asthma, chronic bronchitis, COPD, interstitial lung disease, and certain respiratory cancers. Lung nodules by themselves are not a PACT Act presumptive condition. If your nodule is due to, or progresses into, a diagnosable condition that is presumptive (e.g., tuberculosis, chronic bronchitis/COPD or certain lung cancers), then the presumption can apply. Otherwise, you can still win via direct or secondary service connection with a medical nexus.
VA lung nodule claims are often denied because claimants did not submit a current diagnosis, or a nexus letter, or no documentation of an in-service event connected to their lung nodules. When you file a claim for VA benefits you will likely be required to submit to a Compensation and Pension Exam. If you fail to show up for this exam, your claim will likely be denied.
If you are a disabled Veteran and you are considering filing for either VA disability or if you have been unfairly turned down for benefits, contact us at Cuddigan Law for free evaluation of your situation. Disability law is all we do.
When you hire an experienced VA disability attorney you have a much greater chance of winning your claim than if you have no representation. The VA’s own statistics from the Board of Veterans Appeals show that in fiscal 2024 nearly 43% of appeals were approved with attorney representation, compared to less than 30% without representation.
Veterans represented by attorneys also experience a lower denial rate for their claims. The denial rate for Veterans with attorney representation before the BVA was less than 15% compared to more than 21% of claims were denied among those Veterans with no representative to fight for their rights. VA disability attorneys also had a higher success rate than any of the Veteran Service Organizations.
Source: Department of Veterans Affairs (VA) Board of Veterans’ Appeals Annual Report Fiscal Year (FY) 2024
If you hire us to represent you, you have a team of professionals in your corner who will fight for your rights, and we only get paid when you win your case.
