How Does the VA Rate Burn-Pit Respiratory Conditions? Asthma, COPD, Rhinitis, and Sinusitis

A PACT Act approval can still be given at 0 percent. Your rating depends on several specific details: the number from a lung function test, the inhaler you use every morning, and how many rounds of antibiotics you needed last year. If these details are not in your file, the VA will only rate what it can see.

The PACT Act Settles Service Connection, Not the Percentage

The VA assumes burn-pit exposure for veterans who served in Iraq, Kuwait, or other Gulf locations on or after August 2, 1990, or in Afghanistan and Syria and certain other countries after September 11, 2001. According to 38 U.S.C. § 1120, the VA presumes that a group of respiratory illnesses are service-connected for these veterans. These include:

• Asthma diagnosed after service
• COPD, chronic bronchitis, and emphysema
• Chronic rhinitis and chronic sinusitis
• Constrictive bronchiolitis, interstitial lung disease, pulmonary fibrosis, and other conditions listed in the VA’s Post-9/11 Veterans’ Affordability Care Act (PACT)

You don’t have to prove what caused the condition, but you do have to prove how severe it is. This part is governed by the respiratory rating schedule at 38 CFR § 4.97.

Asthma: Lung Tests or Your Medication Can Decide the Rating

Asthma is classified under Diagnostic Code 6602. The criteria for each level include alternatives, so meeting any one of them is sufficient.

• 10%: FEV-1 or FEV-1/FVC between 71 and 80%, or intermittent use of bronchodilators
• 30%: FEV between 56 and 70%, daily bronchodilator treatment, or inhaled anti-inflammatory medication (most daily steroid inhalers are included)
• 60%: FEV 40-55%, at least monthly visits to the doctor for flare-ups, or three or more courses of oral or injectable steroids per year
• 100%: FEV below 40%, more than one asthma attack per week with respiratory failure, or daily use of high-dose systemic steroids or immunosuppressive drugs

The 30% tier matters the most. Plenty of veterans do well on spirometry tests, but still rely on a daily controller inhaler. Make sure that prescription is in your records. If there is no attack on exam day, the regulation then requires a verified history of attacks in your file.

COPD Ratings Turn Almost Entirely on Test Numbers

COPD (Diagnostic Code 6604), chronic bronchitis, and emphysema are assessed using FEV-1, FEV1/FVC, and DLCO to measure how well your lungs transfer oxygen into your bloodstream. A 100% rating also applies to cor pulmonale, pulmonary hypertension, acute respiratory failure, and outpatient oxygen therapy.

Under 38 C.F.R. § 4.96, the VA generally uses post-bronchodilator results to check whether a DLCO has been done at all. A partial test may understate a serious lung condition.

Asthma and COPD Get One Rating, Not Two

This catches a lot of veterans off guard. Section 4.96(a) bans combining ratings for most lung conditions, including asthma and COPD, so the VA assigns a single rating based on whichever is predominant. It may raise that rating by one level if your overall disability is more severe.

Rhinitis and sinusitis do not fall within that rule.

Rhinitis and Sinusitis Use Very Different Measuring Sticks

Chronic rhinitis (Diagnostic Code 6522) is rated based on physical obstruction, not on how unpleasant the congestion feels. Ten percent require more than 50% obstruction of both nasal passages or complete obstruction of one. Thirty percent require nasal polyps. Without either, the rating is zero percent.

Chronic sinusitis (diagnostic codes 6510-6514) is measured in episodes. An episode that is incapacitating is one that requires bed rest and medical treatment.

• For 10% of people, there is one or two episodes per year that require four to six weeks of antibiotic treatment, or three to six episodes that are not incapacitating, but still cause headaches, pain, discharge, or crusting.
• For 30% of people, there are three or more episodes that are incapacitating each year, or more than six episodes that are not.
• And for 50% of patients, there is reserved for radical surgery for chronic bone infection or near-constant sinusitis after multiple surgeries.

Keep track of the dates of flare-ups, antibiotic courses, and days missed from work. These are the criteria that these codes are based on.

VA’s Proposed Respiratory Overhaul Is Still Not Final in 2026

In February 2022, the VA proposed rewriting the criteria for respiratory and ear, nose and throat conditions. For example, rhinitis would be based on whether you require continuous treatment. No final rule has been published as of November 2026, so all claims are still decided according to the current criteria mentioned above.

Make Your Rating Match How You Actually Breathe

A burn-pit presumption opens the door, but evidence sets the percentage. At Veterans Benefits Law Group, we review your lung tests, prescriptions and exam reports to find out where the VA has undervalued your condition. Then, we build a record to fix this through a supplemental claim, higher-level review or board appeal.

If your rating ignores your daily inhaler, your nasal polyps, or months of sinus infections, schedule a free consultation today.