The Board has determined that the appellant's claim for service connection for emphysema, which is alleged to be due to tobacco use starting in service and carbon monoxide exposure, cannot be granted as it falls under a law that bars such claims received by the VA after June 9, 1998. The evidence does not support a finding of chronicity or continuity of symptoms related to service.
The deciding factor: The appellant's claim is barred by law due to its receipt by the VA after June 9, 1998, and there is no evidence of chronicity or continuity of symptoms related to service.
- Claimed conditions
- emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2003
- Citation
- 0300224
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 0300224.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Partly granted
The Board denied service connection for Parkinson's disease, emphysema, muscle cramps, bilateral shoulder disability, and neck disability. However, it granted service connection for peripheral vascular disease and asthma.
- Denied
The Board denied service connection for COPD, emphysema, a chest wall condition, PTSD, adjustment disorder with mixed anxiety and depressed mood, chronic, a low back condition, TBI, and a chest tumor.
- Granted
The Board granted service connection for diabetes mellitus and emphysema, finding that the evidence is in approximate balance.
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