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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0200938.
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.
- Remanded (sent back)
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- Granted
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- Granted
The Board granted service connection for bilateral hearing loss, ischemic heart disease (IHD), percutaneous coronary intervention (PCI) with stent placement as secondary to IHD, hypertensive heart disease, and emphysema. The COPD claim was denied.
- Partly granted
The Board granted service connection for COPD and emphysema as secondary to the Veteran's service-connected disabilities, resolving reasonable doubt in favor of the Veteran.
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