The Board denied the veteran's claims for service connection for nicotine dependence and Buerger's disease, finding that the provisions of 38 U.S.C.A. § 1103 prohibit such awards due to the prohibition on compensation for disabilities resulting from tobacco use in service.
The deciding factor: Congress has prohibited VA from awarding service connection for injuries or diseases attributable to the veteran's use of tobacco products during service, including nicotine dependence and Buerger's disease.
- Claimed conditions
- Nicotine Dependence, Buerger's Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 19, 2003
- Citation
- 0332150
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 0332150.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims due to incomplete development and need for additional examinations.
- Whole decision: Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for bilateral lower extremity amputations was denied due to the conclusion that his additional disability did not result from VA negligence, carelessness, or lack of proper skill. The service connection claims for an acquired psychiatric disorder and TDIU were also denied as there is no persuasive evidence linking these conditions to military service or a service-connected disability.
- Whole decision: Granted
From June 3, 2016, the Veteran's PTSD symptoms are best described as manifesting by total occupational and social impairment. His PTSD is rated at a maximum of 100 percent.
- Whole decision: Denied
The Board denied reopening of the claims for service connection for various conditions, including nicotine dependence, coronary artery disease, neuropathy of the legs, loss of vision in the left eye, cataracts, atrial fibrillation, obesity, cerebrovascular accident, diabetes mellitus, porokeratosis, hypertension, and hyperlipidemia. The Board found that new evidence did not establish a relationship to service.
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