The Board granted an effective date of November 7, 2001 for DIC benefits based on a liberalizing VA issue related to smoking during service.
The deciding factor: The Board found that the appellant's claim was timely due to a liberalizing VA issue issued in January 1993.
- Claimed conditions
- Emphysema, Chronic Obstructive Pulmonary Disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 30, 2003
- Citation
- 0308175
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0308175.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
- Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
- Denied
The Veteran's death was not caused or contributed to by service or a service-connected disability. The Board denied the claim for service connection for the cause of the Veteran's death as there was no evidence of herbicide exposure during service and no other link between the Veteran's death and his military service.
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