The VA denied the appellant's claim for service connection for the cause of her husband's death, finding that his death was not due to a condition attributable to tobacco use during service.
The deciding factor: Service connection for the cause of death is precluded by law as per Public Law No. 105-206 and section 9014 thereof, which prohibits service connection based on post-service disability or death resulting from an injury or disease attributable to tobacco use during service.
- Claimed conditions
- Nicotine Dependence, COPD (Chronic Obstructive Pulmonary Disease), Lung Cancer
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 22, 2003
- Citation
- 0301201
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 0301201.
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.
- Denied
The Board determined that the reduction in rating from 100 percent to 30 percent for service-connected lung cancer was proper, and restoration of the 100 percent rating is not warranted. The criteria for entitlement to special monthly compensation based on housebound status have also not been met.
- Granted
The Board granted service connection for chronic obstructive pulmonary disease (COPD), bladder cancer, and lung cancer as secondary to the Veteran's in-service asbestos exposure.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the Veteran's claim for an increased disability rating in excess of 10 percent for his service-connected bilateral pleural scar with obstructive and restrictive pulmonary disease, COPD and chronic bronchitis.
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