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
Veterans Law Judge
Decisions by this judge: 541 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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.
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- Denied
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- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for a respiratory condition, including COPD with emphysema (claimed as lung condition due to exposure of asbestos due to MOS), is remanded. The VA will provide an examination and obtain medical opinions regarding whether any diagnosed respiratory conditions are related to military service, particularly given the Veteran's in-service exposure to asbestos.
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