The Board denied the appellant's claim for service connection for the cause of her husband's death due to lung disease, finding that it was not attributable to his active military service and instead related to nicotine dependence acquired during service by use of tobacco products. The statute and regulations set forth in 38 U.S.C.A. § 1103 and 38 C.F.R. § 3.300(b)(1) bar service connection for the veteran's cause of death if it resulted from disease attributable to the veteran's use of tobacco products during service.
The deciding factor: The Board found that the veteran's fatal lung disease was not manifested while he was on active duty and did not meet any exceptions provided by regulation, thus applying the general rule of law for claims filed after June 9, 1998.
- Claimed conditions
- lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 23, 2002
- Citation
- 0218651
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 0218651.
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: Dismissed
The Board dismissed the claims for increased ratings for lung disease and residuals of esophageal cancer as moot because the Veteran was already in receipt of the highest possible ratings for these conditions, which are in effect for the entirety of the appeal period. The claim for special monthly compensation (SMC) at a higher level based on need for aid and assistance due to the Veteran's condition prior to his passing is granted.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Whole decision: Partly granted
The Veteran's lung disease is granted as service-connected due to asbestos exposure during service. The Veteran's coronary artery disease claim is remanded for further evaluation.
- Whole decision: Remanded (sent back)
The Veteran's death was caused by radiation, but the cause of his hematuria and prostate cancer is under review. The Board finds that VA did not obtain a proper medical opinion regarding the relationship between in-service asbestos exposure and the Veteran's death.
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