The Board finds that the veteran's claims for service connection for nicotine dependence and residuals of smoking, including respiratory disorder, breathing problems, and emphysema, are denied as they are not legally meritorious due to a statutory prohibition on such claims.
The deciding factor: Congress has enacted 38 U.S.C.A. § 1103, which prohibits service connection for disabilities resulting from the use of tobacco products during active military service.
- Claimed conditions
- Nicotine dependence, Respiratory disorder, Breathing problems, Emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 28, 2002
- Citation
- 0200938
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 0200938.
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: Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Whole decision: Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
- Whole decision: Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for breathing problems, finding that there was no current diagnosis of this condition during the appeal period.
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