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
- Not verified here — check the original decision
- Decision date
- February 6, 2009
- Citation
- 0904297
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0904297.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the issues of service connection for bladder cancer, an initial compensable rating for status post right upper lobectomy, service connection for COPD, and an initial rating in excess of 10 percent for coronary artery disease. The decision also includes a matter regarding entitlement to a rating in excess of 10 percent for bilateral pes planus prior to March 11, 2016, and in excess of 30 percent thereafter, including the issue of TDIU.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including verification of service in Vietnam and the Philippines, clarification of his theories of entitlement to service connection, and a VA examination to determine the nature and likely etiology of any current respiratory disorder.
- Whole decision: Denied
The Board denied the veteran's claims for entitlement to service connection for COPD and a rating in excess of 30 percent for status post right upper lobectomy effective from February 11, 1996. The reasons were that there was no medical evidence showing the veteran to have had COPD during service or linking it to his military service. For the right upper lobectomy claim, the Board found that the VA examinations did not fully address all of the criteria required to rate the condition under Diagnostic Code 6844.
- Whole decision: Remanded (sent back)
The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other legal requirements. The veteran's claims for service connection, a higher rating, and benefits under 38 U.S.C.A. 1160 are pending.
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