The Board found that the reduction from a 100% to a 60% rating for non-small cell lung cancer due to asbestos exposure was proper, but only with an effective date of July 31, 2004. The veteran's request for restoration of the 100% rating is denied.
The deciding factor: The reduction from 100% to 60% was proper based on improvement in the veteran's lung cancer condition as evidenced by his pulmonary function test results and other medical records, which did not meet the criteria for a 100% evaluation.
- Claimed conditions
- Non-small cell lung cancer, Fracture, right maxilla
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 3, 2007
- Citation
- 0727592
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0727592.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that there are duty to assist errors in the current decision and remands the case for further development, including obtaining an ILER and a medical opinion regarding the etiology of the Veteran's cause of death.
- Remanded (sent back)
The Veteran's cause of death is being remanded for further development to determine if it was related to in-service TERA exposure.
- Denied
The Veteran's non-small cell lung cancer was rated at 100% effective from January 7, 2025. The claim for an earlier effective date is denied.
- Denied
The Board denied service connection for non-small cell lung cancer and non-Hodgkin lymphoma, finding that the evidence did not support a link between these conditions and exposure to jet fuels and other chemicals during active duty.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.