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. Search VA.gov for the original decision (opens in a new tab) using citation 0127628.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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