The veteran's claims of service connection for residuals of a lacunar infarct, right cerebral hemisphere, and COPD secondary to his service-connected nicotine dependence are denied as they were filed after the effective date of a regulation prohibiting such claims.
The deciding factor: The veteran's claims were filed after the effective date of a regulation that prohibits service connection for disabilities due to tobacco use during military service if the disability is proximately due to or the result of an injury or disease previously service connected on the basis that it is attributable to the veteran's use of tobacco products during military service.
- Claimed conditions
- residuals of a lacunar infarct, right cerebral hemisphere, COPD
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2001
- Citation
- 0127628
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 0127628.
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
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