The veteran's claim for service connection for chronic obstructive pulmonary disease with pneumonia is denied as it falls within the scope of newly amended law set forth at 38 U.S.C.A. § 1103, which prohibits service connection for a disability resulting from an injury or disease attributable to the use of tobacco products during active service.
The deciding factor: The veteran's claim for service connection for chronic obstructive pulmonary disease with pneumonia as due to tobacco use secondary to nicotine dependence acquired in service is barred by law due to the newly enacted statute prohibiting such claims filed after June 9, 1998.
- Claimed conditions
- chronic obstructive pulmonary disease with pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 16, 2001
- Citation
- 0104828
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. Search VA.gov for the original decision (opens in a new tab) using citation 0104828.
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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