The VA Regional Office denied the veteran's claim for service connection due to a change in law, and the case is being remanded for further action under the Veterans Claims Assistance Act of 2000.
The deciding factor: The IRS Reform Act prohibits service connection based on tobacco use during service. The Veterans Claims Assistance Act of 2000 requires additional notification and development actions.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD), throat cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2001
- Citation
- 0102441
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0102441.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claim for a respiratory disability to obtain an adequate VA examination and additional evidence regarding the Veteran's exposure to herbicide agents during service.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Partly granted
The Board granted service connection for coronary artery disease (CAD) and remanded the claim for chronic obstructive pulmonary disease (COPD).
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