The veteran's claims for service connection for esophageal cancer and COPD, claimed as secondary to the use of tobacco products, are denied. The Board notes that the veteran is precluded from pursuing claims based on disability due to the use of tobacco products in service.
The deciding factor: Service connection cannot be granted for disabilities incurred or aggravated by the use of tobacco products in claims filed after June 9, 1998.
- Claimed conditions
- esophageal cancer, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2001
- Citation
- 0118874
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 0118874.
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.
- 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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