The veteran's claims of service connection for COPD with emphysema and bronchitis, and coronary artery disease due to tobacco use have been denied as new and material evidence has not been submitted. The statute prohibits service connection for disabilities resulting from the use of tobacco products during military service.
The deciding factor: Veteran's claim is barred by 38 U.S.C.A. § 1103, which prohibits service connection for disabilities resulting from the use of tobacco products during military service.
- Claimed conditions
- COPD with emphysema and bronchitis, coronary artery disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2003
- Citation
- 0331822
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 0331822.
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Granted
The Board granted service connection for coronary artery disease, which is presumed related to in-service exposure to herbicide agents.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
- Remanded (sent back)
The Board remands the claim for service connection for coronary artery disease to correct duty to assist errors, as there are no adequate medical opinions of record.
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