The Board has reopened the claim of service connection for the cause of the veteran's death due to new and material evidence. The cause of death was COPD, which is not considered a service-connected disability as it resulted from tobacco use during service. As such, service connection cannot be granted. However, the appellant remains eligible for dependents' educational assistance under 38 U.S.C. Chapter 35.
The deciding factor: The cause of death was COPD, which is not considered a service-connected disability as it resulted from tobacco use during service. Service connection cannot be granted due to this limitation imposed by law. However, the appellant remains eligible for dependents' educational assistance under 38 U.S.C. Chapter 35.
- Claimed conditions
- COPD, emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2002
- Citation
- 0211067
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 0211067.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Granted
The Board granted service connection for emphysema and pulmonary hypertension, finding that the Veteran's emphysema was caused by active service, including participation in a toxic exposure risk activity (TERA), and that his pulmonary hypertension is secondary to his emphysema.
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