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Whole decision: Denied

The Veteran's service-connected non-small cell lung cancer manifests with FEV-1 of 64 percent predicted and FEV-1/FVC of 84 percent actual, which does not meet the criteria for a higher disability rating.

The deciding factor: The pre-bronchodilator results do not meet the criteria for a 60% evaluation under Diagnostic Code 6844, as required for an increased rating.

Claimed conditions
Non-small cell lung cancer (NSCLC), status post right upper lobe lobectomy
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
July 1, 2013
Citation
1321093

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. Read the original VA decision (opens in a new tab) using citation 1321093.

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.

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