The veteran's claim of service connection for nicotine dependence due to tobacco use is denied as it is precluded by the provisions of 38 U.S.C.A. § 1103, which prohibits the payment of benefits for a disability on the basis that it resulted from disease or injury attributable to the use of tobacco products during active service.
The deciding factor: The veteran's claim was filed after June 9, 1998, and is precluded by the provisions of 38 U.S.C.A. § 1103 which prohibits the payment of benefits for a disability on the basis that it resulted from disease or injury attributable to the use of tobacco products during active service.
- Claimed conditions
- Nicotine dependence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 1, 2002
- Citation
- 0202959
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 0202959.
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: Partly granted
The Board denied service connection for PTSD and nicotine dependence, but granted ratings for left knee limitations in flexion, extension, and patellar instability.
- Whole decision: Denied
The Veteran's claims for service connection on multiple conditions were denied in the April 2020 rating decision. The Board is denying these claims based on finality of the decision and lack of new evidence or arguments.
- Whole decision: Remanded (sent back)
The Board has remanded the claim for service connection for acquired psychiatric disability due to additional development being required. The VA examiner is asked to provide opinions on whether any of the diagnosed disabilities were caused or aggravated by the Veteran's service, including his service-connected low back disability and opioid use disorder.
- Whole decision: Denied
The Veteran's service-connected psychiatric disability, including PTSD and dysthymia, is currently rated at 50 percent. The evidence does not support a higher rating as the symptoms do not meet the criteria for a 70 or 100 percent rating.
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