Severe asthma can make it difficult to breathe, perform physical activities, maintain consistent employment, or even complete everyday tasks. When asthma becomes disabling, it may qualify you for Social Security Disability Insurance (SSDI) benefits. Veterans with service-connected asthma may also be entitled to VA disability compensation.
At Kerr Robichaux & Carroll, we help clients understand their rights and navigate the complex Social Security disability and VA disability claims processes. Whether you’re pursuing SSDI benefits through the Social Security Administration (SSA) or VA disability benefits for a service-connected condition, understanding how these programs evaluate asthma can help you build a stronger claim.
Can You Get Social Security Disability (SSD) Benefits for Asthma?
Yes, you may be eligible to receive Social Security disability benefits if you have asthma. The SSA evaluates asthma under its Listing of Impairments, specifically Listing 3.02 for chronic respiratory disorders. Rather than simply considering your diagnosis, the SSA looks at how severely your asthma limits your ability to work.
Asthma can range from a mild, well-controlled condition to a severe health complication. If your asthma is severe enough that it prevents you from maintaining full-time employment, you may qualify for Social Security Disability (SSD) benefits. Simply having an asthma diagnosis is not enough. There are several forms of medical evidence you must provide to show that your asthma causes ongoing limitations despite following prescribed treatment.
The SSA considers factors such as:
- The frequency and severity of asthma attacks
- Emergency room visits or hospitalizations related to asthma
- Pulmonary function testing and other objective medical evidence
- Whether your symptoms persist despite prescribed medications and treatment
- How asthma affects your ability to perform work-related activities, such as walking, lifting, climbing stairs, or being exposed to environmental irritants
Even if your condition does not meet the SSA’s specific medical criteria, you may still qualify for benefits if your asthma, combined with your age, education, work experience, and any other medical conditions, prevents you from performing substantial gainful activity.
An experienced Social Security disability attorney can help gather the medical documentation needed to present the strongest possible claim.
Can Veterans Receive VA Disability Benefits for Asthma?
Veterans who developed asthma during their military service—or whose preexisting asthma was aggravated by their service—may qualify for VA disability compensation. The U.S. Department of Veterans Affairs (VA) recognizes asthma as a compensable condition when there is evidence connecting the disability to a veteran’s military service.
To establish eligibility for VA disability benefits, veterans generally must show:
- A current medical diagnosis of asthma.
- An in-service event, illness, or exposure that could have caused or worsened the condition.
- A medical nexus, or link, between the veteran’s asthma and their military service.
For many veterans, asthma is associated with exposure to environmental hazards encountered during service. These may include burn pits, sand and dust, smoke from oil well fires, industrial chemicals, diesel exhaust, or other airborne irritants. Veterans who served in certain locations or time periods may qualify for presumptive service connection, meaning they do not have to prove the exact cause of their asthma if they meet the VA’s eligibility requirements.
If you served in one of the locations below during the listed time periods, the VA presumes that you were exposed to burn pits or other airborne toxins. This is known as a presumption of exposure, which may make it easier to establish service connection for certain conditions, including asthma.
On or after September 11, 2001, in any of these locations:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
- The airspace above any of these locations
On or after August 2, 1990, in any of these locations:
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- The United Arab Emirates (UAE)
- The airspace above any of these locations
When applying for VA disability benefits, it is important to submit comprehensive medical evidence, including treatment records, pulmonary function test results, physician statements, and documentation of any service-related exposures. Providing a complete application can help reduce delays and improve the likelihood of a favorable decision.
VA Disability Ratings for Asthma
The VA rates service-connected bronchial asthma under 38 C.F.R. § 4.97, Diagnostic Code 6602. Unlike Social Security Disability, the VA assigns a disability percentage based on the severity of your condition rather than whether you can work.
Asthma is generally rated at 10%, 30%, 60%, or 100% based on pulmonary function test (PFT) results, the frequency of exacerbations, and the type of treatment required:
10% VA Disability Rating: A 10% rating is typically assigned when a veteran has relatively mild asthma that requires only intermittent treatment. This rating generally applies if you have:
- FEV-1 of 71% to 80% predicted, or
- FEV-1/FVC ratio of 71% to 80%, or
- Intermittent inhalational or oral bronchodilator therapy (such as occasional use of a rescue inhaler).
30% VA Disability Rating: A 30% rating is appropriate for veterans whose asthma requires daily medication or shows moderate impairment on pulmonary function testing. You may qualify if you have:
- FEV-1 of 56% to 70% predicted, or
- FEV-1/FVC ratio of 56% to 70%, or
- Daily inhalational or oral bronchodilator therapy, or
- Daily inhalational anti-inflammatory medication.
60% VA Disability Rating: A 60% rating is assigned when asthma is more severe and requires frequent medical care. Veterans may qualify if they have:
- FEV-1 of 40% to 55% predicted, or
- FEV-1/FVC ratio of 40% to 55%, or
- At least monthly physician visits for required treatment of asthma exacerbations, or
- At least three courses of systemic (oral or injectable) corticosteroids per year.
100% VA Disability Rating: The highest rating of 100% is reserved for veterans with extremely severe asthma. You may qualify if you have:
- FEV-1 of less than 40% predicted, or
- FEV-1/FVC ratio of less than 40%, or
- More than one asthma attack per week with episodes of respiratory failure, or
- Daily use of high-dose systemic corticosteroids or immunosuppressive medications.
The VA considers whichever rating criterion results in the highest evaluation. In addition to pulmonary function testing, the VA reviews your medical records, treatment history, prescription medications, and the frequency and severity of asthma attacks. Comprehensive medical documentation is essential to receiving the correct disability rating.
Can a Veteran Qualify for Both VA and SSDI Benefits for Asthma?
Yes, a Veteran may be eligible to receive both VA and Social Security disability benefits for asthma. Receiving benefits from one program does not reduce the amount you receive from the other. However, you need to apply for each separately.
Common Causes of Asthma
Asthma is a chronic disease that causes inflammation and narrowing of the airways, making it difficult to breathe. While the exact cause of asthma is not fully understood, researchers believe it develops from a combination of genetic and environmental factors.
Common causes and triggers include:
- Allergies to pollen, dust mites, mold, pet dander, or cockroaches
- Respiratory infections, including colds, influenza, and other viral illnesses
- Exposure to smoke, including cigarette smoke and wildfire smoke
- Air pollution and chemical fumes
- Workplace irritants such as dust, industrial chemicals, or cleaning products
- Exercise, particularly in cold or dry weather
- Cold air or sudden changes in weather
- Strong odors, perfumes, or household cleaning products
- Emotional stress or intense emotions
- Family history of asthma or allergies
For many people, avoiding triggers and taking prescribed medications can help manage symptoms. However, individuals with severe asthma may continue to experience frequent flare-ups even with consistent treatment, making it difficult to maintain regular employment.
Symptoms of Asthma
Asthma symptoms can vary from person to person and may change over time. Some individuals experience occasional flare-ups, while others have persistent symptoms that interfere with daily life and work.
Common symptoms include:
- Shortness of breath
- Wheezing when breathing
- Frequent coughing, especially at night or early in the morning
- Chest tightness or chest pain
- Difficulty taking deep breaths
- Rapid breathing during an asthma attack
- Fatigue caused by poor oxygen intake or interrupted sleep
Severe asthma attacks may require emergency medical treatment and can become life-threatening if not treated promptly. During a serious flare-up, symptoms may include:
- Severe difficulty breathing
- Blue lips or fingernails due to lack of oxygen
- Inability to speak in full sentences
- Chest retractions or labored breathing
- Little or no relief from rescue inhalers
If asthma symptoms occur frequently despite prescribed treatment, they may substantially limit a person’s ability to perform physical work or even sedentary jobs where exposure to dust, fumes, temperature changes, or other triggers is unavoidable.
How to Apply for Social Security Disability Benefits for Asthma
If your asthma prevents you from working, applying for Social Security Disability (SSD) benefits involves more than simply submitting a diagnosis. The SSA requires evidence showing that your condition significantly limits your ability to perform full-time work. Following these steps can help you prepare a stronger application.
Step 1: Continue Receiving Medical Treatment. Before applying, make sure you are receiving regular treatment from a qualified healthcare provider. The SSA places significant weight on consistent medical records that document the severity of your asthma, your symptoms, and your response to treatment. Continue taking prescribed medications and attending follow-up appointments whenever possible.
Step 2: Gather Your Medical Records. Collect documentation that demonstrates the extent of your condition, including:
- Pulmonary function test results
- Treatment notes from your healthcare providers
- Records of emergency room visits or hospitalizations
- Medication lists and prescription history
- Imaging studies or other diagnostic tests, if applicable
The more complete your medical documentation, the easier it is for the SSA to evaluate your claim.
Step 3: Document How Asthma Affects Your Ability to Work. Your application should explain how asthma limits your ability to perform work-related activities. For example, frequent asthma attacks, shortness of breath, fatigue, or the need to avoid dust, smoke, chemicals, or other environmental triggers may prevent you from performing your previous job or other types of work. You may also find it helpful to keep a journal of your symptoms, missed workdays, and asthma flare-ups to provide additional context for your claim.
Step 4: Complete and Submit Your SSD Application. You can apply for Social Security Disability benefits online, by phone, or at your local Social Security office. During the application process, you’ll provide information about your medical condition, treatment history, work history, education, and daily limitations. The SSA will use this information, along with your medical records, to determine whether your condition prevents you from engaging in substantial gainful activity.
Step 5: Respond to Any Requests for Additional Information. After reviewing your application, the SSA may ask for additional medical records or require you to attend a consultative examination with one of its approved healthcare providers. Responding promptly to these requests can help avoid unnecessary delays in processing your claim.
Step 6: Appeal a Denial if Necessary. Many disability claims are denied during the initial review, even when applicants have serious medical conditions. If your application is denied, you have the right to appeal the decision. The appeals process provides an opportunity to submit additional evidence, correct deficiencies in your application, and present a stronger case for benefits.
Step 7: Consider Working With a Social Security Disability Attorney. Navigating the SSD application and appeals process can be overwhelming, especially while managing a chronic respiratory condition. An experienced Social Security Disability attorney can help gather supporting evidence, communicate with your medical providers, ensure deadlines are met, and advocate for your claim throughout every stage of the process.
How to Apply for VA Disability Benefits for Asthma
If you believe your asthma is connected to your military service, you can apply for VA disability compensation in several ways:
- Apply online: Submit your disability claim through the VA’s online application portal.
- Apply by mail: Complete VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits) and mail it to the VA Claims Intake Center. The address is:
Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444
- Apply in person: Visit your nearest VA regional office to submit your application.
- Apply by fax: You can fax your completed application to the appropriate VA claims processing office. If in the U.S., fax it to 844-531-7818. If outside the U.S., fax it to 248-524-4260.
- Get help filing your claim: An experienced VA disability lawyer can help you throughout the entire process and make sure you have all necessary documents to build the strongest case.
No matter which method you choose, it’s important to include medical records and any other evidence that supports your claim, such as documentation showing your asthma began during or was caused or aggravated by your military service. Providing thorough documentation can help strengthen your claim and reduce delays during the review process.
Why Legal Representation Can Make a Difference
Applying for disability benefits can be a complex and time-consuming process. Whether you are seeking Social Security Disability Insurance (SSDI) benefits, VA disability benefits, or both, having experienced legal guidance can help you better understand the requirements and avoid common mistakes.
Unfortunately, many initial applications are denied, even when applicants have legitimate disabilities. An experienced disability attorney can assist with gathering medical evidence, working with your healthcare providers, preparing a strong claim, and representing you throughout the appeals process if your claim is denied.
At Kerr Robichaux & Carroll, we understand the challenges individuals with chronic respiratory conditions face. Our team works closely with clients seeking SSDI or VA benefits, helping them build strong cases supported by comprehensive medical evidence.
Contact Kerr Robichaux & Carroll
If severe asthma has made it difficult or impossible for you to work, or if your asthma is connected to your military service, you may be eligible for SSDI benefits, VA disability compensation, or both. Understanding your options is the first step, but you don’t have to navigate the process alone.
Our SSDI and VA disability attorneys are committed to helping individuals pursue the benefits they may be entitled to. Contact us today by submitting our online contact form or calling (503) 255-9092 to schedule your free case evaluation.