The Board found that the evidence did not support a finding that the Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment as of September 15, 2022.
The deciding factor: The VA examinations indicated no functional impairment due to the Veteran's respiratory and cervical spine conditions. The lower extremity neuropathy caused some difficulty with prolonged standing but did not meet the criteria for a TDIU on its own.
- Claimed conditions
- non-small cell carcinoma of the lung with emphysema, cervical spine metastases, status post C3 vertebrectomy associated with non-small cell carcinoma of the lung with emphysema, left shoulder strain associated with non-small cell carcinoma of the lung with emphysema, left lower extremity neuropathy of the sciatic nerve associated with non-small cell carcinoma of the lung with emphysema, right lower extremity neuropathy of the sciatic nerve associated with non-small cell carcinoma of the lung with emphysema, residual surgical scar associated with cervical spine metastases, status post C3 vertebrectomy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2025
- Citation
- A25050745
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 remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
- Remanded (sent back)
The Board remands the claims for service connection for unspecified anxiety disorder and major depressive disorder to obtain an adequate medical opinion regarding their etiology.
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