The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that the veteran's COPD and heart disease were not incurred in service or due to nicotine dependence incurred there. The law was amended prohibiting such claims.
The deciding factor: Service connection is prohibited by law for disabilities attributable to a veteran's use of tobacco in service.
- Claimed conditions
- Chronic obstructive pulmonary disease (COPD), Coronary artery disease (CAD), Atherosclerotic cardiovascular disease (ASCVD), Diabetes mellitus (DM)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 17, 2001
- Citation
- 0124803
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 0124803.
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.
- Whole decision: Denied
The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his myocardial infarction and COPD to his military service.
- Whole decision: Denied
The Board denied the Veteran's claim for SMC based on aid and attendance from June 1, 2011, to May 24, 2017, finding that his need for regular aid and attendance was not established during this period.
- Whole decision: Remanded (sent back)
The Veteran's current coronary artery disease with acute, subacute, or old myocardial infarction with coronary stent is being remanded for further evaluation due to the lack of a medical nexus between his service-connected hypertension and his heart condition.
- Whole decision: Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
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