The veteran's residuals of a right upper lobectomy are not manifested by cor pulmonale; or by Forced Expiratory Volume in One Second (FEV-1) less than 56 percent of predicted value; or the ratio of FEV-1 to Forced Vital Capacity (FVC) less than 56 percent; or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO(SB)) less than 56 percent predicted; or a maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation); or right ventricular hypertrophy; or pulmonary hypertension; or episode(s) of acute respiratory failure; or the need for outpatient oxygen therapy.
The deciding factor: The veteran's lung condition does not meet the criteria for a rating in excess of 30 percent under the applicable diagnostic code, as his FEV-1 and other relevant measurements do not fall below the required thresholds.
- Claimed conditions
- status post right upper lobectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2009
- Citation
- 0904297
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
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