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Whole decision: Denied

The Veteran's initial rating for asbestosis and lung cancer was denied, with a current effective date of August 29, 2008. The VA found that the Veteran's Forced Vital Capacity (FVC) has been at least 68 percent of predicted; his Forced Expiratory Volume in One Second (FEV-1) has been at least 59 percent of predicted; and his FEV-1/FVC has been at least 61 percent. The VA also found that Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) has been at least 81.7 percent of predicted, which meets the criteria for a 30% rating under the General Rating Formula for Interstitial Lung Disease.

The deciding factor: The VA found that the Veteran's Forced Vital Capacity (FVC) and other lung function tests did not meet the criteria for higher ratings as his FVC was at least 68 percent of predicted, FEV-1/FVC was at least 61 percent, and DLCO (SB) was at least 81.7 percent of predicted.

Claimed conditions
Heart disability, Asbestosis, Lung cancer
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
May 15, 2014
Citation
1422044

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 1422044.

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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