The Board has determined that the veteran's respiratory disorder was not incurred in or aggravated by active service, including as secondary to nicotine dependence or asbestos exposure. The theory of entitlement to service connection for a respiratory disorder due to in-service tobacco use is precluded by law.
The deciding factor: Service connection based on direct incurrence or aggravation during active service is not warranted because the veteran's nicotine dependence was incurred outside of service and Section 1103 prohibits service connection for disability resulting from disease or injury attributable to the use of tobacco products during service. The Board also found no evidence linking the current respiratory disorder to in-service pneumonia, asbestos exposure, or diesel fuel fumes.
- Claimed conditions
- Respiratory Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2002
- Citation
- 0214735
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 0214735.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Partly granted
The veteran's claim for service connection for a traumatic brain injury (TBI) was granted. The claims for respiratory disorder and an earlier effective date for allergic rhinitis were remanded.
- Granted
The Veteran's hypertension, tinnitus, and diabetes mellitus have been granted service connection. However, the initial compensable rating for hypertension has been denied.,Service connection for bilateral hearing loss and a sinus disorder is denied due to lack of evidence meeting VA criteria for these conditions during or approximate to the appeal period.,The Veteran's tinnitus was found to have begun during service and has been continuous since then, granting service connection. Service connection for diabetes mellitus is also granted.,Service connection for bilateral eye disorder, sleep disorder (including insomnia and sleep apnea), headache disorder, thyroid disorder, and respiratory disorder remains pending as remanded by the Board.
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