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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0202959.
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.
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- 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.
- 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.
- 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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