The Board denied the appellant's claims for service connection for the cause of the veteran's death due to nicotine dependence and in-service tobacco use, as well as her eligibility for Chapter 35 benefits based on a grant of such service connection. The decision was made because the claim was received after June 9, 1998, when new legislation prohibited VA compensation for disabilities attributable to tobacco use during service.
The deciding factor: The appellant's claim was filed after the effective date of a law prohibiting VA compensation for disabilities caused by tobacco use in service, which applied retroactively to claims filed on or after June 9, 1998.
- Claimed conditions
- Nicotine dependence, Ischemic cardiomyopathy, Congestive heart failure, Chronic obstructive pulmonary disease (COPD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2002
- Citation
- 0212592
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 0212592.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his myocardial infarction and COPD to his military service.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
- Granted
The Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Granted
The Veteran's service-connected acquired psychiatric disability, ischemic cardiomyopathy, and other disabilities have rendered him unable to secure and follow a substantially gainful occupation since December 29, 2020. Effective from that date, the Veteran is granted TDIU and SMC housebound.
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