The veteran's initial compensable evaluation for nicotine dependence is denied. The RO will conduct further development and readjudicate the issues, including considering Fenderson v. West (1999) with respect to the veteran's claim for a higher initial rating for bronchitis.
The deciding factor: The veteran stopped smoking in 1990 and is not currently dependent on nicotine, thus no compensable evaluation is warranted.
- Claimed conditions
- nicotine dependence, bronchitis, psychiatric disability (including PTSD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2001
- Citation
- 0103280
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 0103280.
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 Veteran's claims for frequent urination, erectile dysfunction, chronic pain multiple joints, paroxysmal atrial fibrillation and chronic bradycardia, acid reflux, bronchitis, and obstructive sleep apnea are remanded due to the presence of service-connected conditions.
- Dismissed
The Veteran's claims for service connection have been dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for bronchitis, OSA as secondary to rhinitis, and migraine headaches as secondary to hypertension or OSA. The AOJ will need to provide additional medical opinions addressing the nature and etiology of these conditions, including considering the synergistic effects of all relevant exposures.
- Dismissed
Your appeal for service connection for bronchitis has been dismissed because the benefit was granted in a previous rating decision.
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