The Board has reopened the veteran's claims for service connection for heart disease and shortness of breath due to tobacco use in service, as well as nicotine dependence. However, these claims are denied on their merits because they were filed after June 9, 2001, which bars benefits based on the effects of tobacco products.
The deciding factor: The veteran's claims for service connection were filed after June 9, 2001, and thus are barred due to a statutory bar for claims based on the effects of tobacco products.
- Claimed conditions
- heart disease, shortness of breath
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2004
- Citation
- 0402613
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (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 0402613.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for service connection for hypertension, diabetes, heart disease, and kidney disease are being remanded due to the need for VA examinations to determine if these conditions are related to his exposure to contaminants in the water supply at Camp Lejeune during service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for artery disease, COPD, diabetes, and heart disease due to potential exposure to herbicide agents during his active duty.
- Dismissed
The Veteran's appeals for service connection on four different conditions have been dismissed due to the death of the Veteran during the appeal process.
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