The veteran's claim for service connection for emphysema and COPD due to nicotine dependence or tobacco use in service was denied as the law prohibits such claims filed after July 9, 1998.
The deciding factor: Service connection is barred by law for claims filed after July 9, 1998, under provisions prohibiting benefits based on tobacco product use during military service.
- Claimed conditions
- emphysema, COPD
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 27, 2001
- Citation
- 0112067
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 0112067.
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.
- Denied
The Board denied service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Granted
The Board granted service connection for emphysema and pulmonary hypertension, finding that the Veteran's emphysema was caused by active service, including participation in a toxic exposure risk activity (TERA), and that his pulmonary hypertension is secondary to his emphysema.
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