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
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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